A patent lawyer acts in a particular area of a intellectual property (IP) law. Essentially, as in all areas of IP, the role of a patent lawyer is to ensure that a business or individual can profit from their design by registering their ownership of it.

When do I need a patent lawyer?

If you have invented something, a patent lawyer will help prevent others from using your design without permission enabling you to solely exploit it or to license to others, which a patent lawyer can also assist with. Your patent lawyer will obtain protection for your design for up to 20 years so that even if someone invents the same thing independently they will not be able to use it. It is not simply individual inventors who require a patent lawyer and in fact patent lawyers are more likely to work for a business which owns the rights to an employee's invention.

Your invention must fulfill several criteria for a patent lawyer to be able to protect it: it must be original; it must involve an inventive step; and it must be capable of industrial application for a patent lawyer to be of service.

The work of a patent lawyer is commonly covered by an intellectual property lawyer so if you are in need of such a service look for a solicitor with either title.

What will my patent lawyer do?

Primarily, your patent lawyer will assist in acquiring the patent for you invention. This will involve applying to the Patent Office for which your patent lawyer will first check whether your invention meets the criteria listed above and then help build your case for examination. This application does not include rights outside of the UK which will most likely require the services of a patent lawyer from any other jurisdiction you wish to gain protection in.

Once you have achieved the patent you have a monopoly right on your invention. At this stage youir patent lawyer can assist in the negotiation and drafting of license agreements for your invention. A patent lawyer can also do the same should your business wish to secure a license for someone else's invention.

Should the situation arise, your patent lawyer will also assist in a dispute over infringement. Your patent lawyer can obtain compensation for losses you have suffered and a court order to destroy the infringing products. Your patent lawyer may even be able to achieve the same results through the increasingly popular means of alternative dispute resolution (ADR). If appropriate, the use of ADR by your patent lawyer could save money and time.

NB: None of this information should be construed as legal advice.