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Martin Schweiger - What is a Patent Attorney and how can a Patent Attorney add value to your business


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- comparison lawyer vs. patent attorney
- Protecting Intellectual Property rights drives business growth
- The Role of the Patent Attorney
- How the benefits of a Patent Attorney earn the investment
- Why IP applications are more successful with the support of a Patent Attorney
- ten ways that independent Patent Attorneys create that confidence and add expertise to the procurement of IP rights.
- Find a Patent Attorney with Expertise in your Idea’s Technical Field
- 5 Savvy Questions to Ask Before You Hire A Patent Attorney
- FAQ: Is it true that good ideas are stolen or copied?
- FAQ: Are counterfeits from China a problem for small businesses?
- What is FICPI and how can it help small businesses protect their intellectual property?

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Martin Schweiger - What is a Patent Attorney and how can a Patent Attorney add value to your business

  1. 1. TheRoleand Valueof aPatent Attorneyin Protecting Intellectual Property Martin Schweiger – Patent Attorney “One of 5,000 FICPI® Members”
  2. 2. Patent AttorneyLawyer - No Divorce cases - No Stolen Bicycles cases - No Murder cases - No Real Estate Transactions Just innovation Energetic, Passionate, Upright, Aspirant The 五行 (The Five Elements) of the 馬 is火 (Fire), so the 馬 stands for zeal and passion. 馬 Engineer Lawyer Xing
  3. 3. General Practitioner Surgeon Patent Attorney Lawyer
  4. 4. ProtectingIntellectualProperty rightsdrives business growth Protecting your intellectual assetsadds value and helps grow your business. 2020-11-15 4 A 2019study,producedjointlybytheEuropeanPatentOffice(EPO)andthe EuropeanUnionIntellectual PropertyOffice(EUIPO), foundthatsmall-and medium-sizedbusinesses which havefiledatleastone intellectual property right are21%more likely toexperience high growthafterwards,compared withsimilar firmswithoutanintellectual property(IP) rights application. Seethe full studyhere: EPONews Martin Schweiger – Patent Attorney
  5. 5. 2020-11-15 A proven way tobuild value and growth 5 However, theprocessestoapplyfor,andbegranted,protectionforyour intellectual propertyassetsarevaried, oftencomplex anddifficulttoobtain. The applicationprocesscanbelengthy. Withoutthe help ofaspecialist PatentAttorneyyouarelikely tofind yourselfspendingfartoomuchof yourvaluabletime onthe application— andyoumaynever completethe process. Even if youdo completethe process,youmayfindthatyourhard-wonIP rights areworthlessbecause,forinstance,theyaretoonarroworspecific. This isyourintroductiontothe valueandroleof aPatentAttorney. Martin Schweiger – Patent Attorney
  6. 6. The Role of the Patent Attorney 2020-11-15 A proven way tobuild value and growth 6 IntellectualProperty attorneys such as patent and trademark attorneys take youevery step of the way throughthe application process. Inaddition, they help to identify and deliver the most value from yourIP protection. Also, if anyoneinfringesyourprotected IP, your Patent Attorney will help enforce yourlegal ownership and seek compensation. Here are some of the areas of expertise provided bya Patent Attorney: • IP protection (patents, trademarks, copyrights, andtrade secrets) • Draftingof patent andtrademark applications • Preparing legal filings • Settlement ofIP disputes • ManagingIP assets • Identifying IP rightsheld by others • Licensing • Asset transfers • Valuations • IP ownership issues Martin Schweiger – Patent Attorney
  7. 7. Client/Inventor Client/Inventor High Court Patent Attorney Lawyer/Barrister Lawyer Patent Attorney Patent Office Patent Litigation Patent Prosecution (optional) (exclusive) (optional) (optional) (optional)
  8. 8. How the benefitsof a Patent Attorney earn the investment 2020-11-15 8 Withthe help ofanindependentPatentAttorneyyouaremuch morelikely to: Dosomore quickly and efficiently Complete the application process Overcome objections Ensure that granted rights are effective in scope Research into how the independent Patent Attorney adds value to the process of innovation was commissioned in2013by FICPI, thetrusted global communityfor independent Patent Attorneys. Thatresearch, the Hoisl-Wagner Report, looked closely at the work of the European Patent Office (EPO). Martin Schweiger – Patent Attorney
  9. 9. 2020-11-15 A proven way tobuild value and growth 9 The authorsdiscovered thatapplicantsunrepresentedby aPatent Attorneyaremuch morelikely toloserights simplybyfailing to understandthe procedureorthataresponseis required. TheHoisl-WagnerReportwascommissionedaspartof awider studybyFICPI intothe valueaddedbyIP Practitionersto the innovationprocess, whichis knownas‘ProjectOrange’afterthe nameofthechairman,JohnOrange. Youcandownloada brochurewithfullerdetails ofProjectOrange’s findings here Martin Schweiger – Patent Attorney Report
  10. 10. Why IP applicationsare more successfulwith the supportof a Patent Attorney 2020-11-15 A proven way tobuild value and growth 10 The 2013Hoisl-WagnerReportwhichclosely examined the workingsofthe EuropeanPatentOffice(EPO),foundthatsmall corporateapplicantsrelyon independentPatentAttorneysmore frequentlythantheirlargercounterparts. It alsofoundthatapplicationsrepresented byindependentpatent attorneysaregrantedata muchhigher ratethanfilingswithno professionalrepresentation. In addition,the patentapplicationfiled byanattorneyis more likely towithstandoppositionandchallenges fromcompetitors. Martin Schweiger – Patent Attorney
  11. 11. The reportalsodiscovered thatapplicationswhichhadnoprofessional representationaremuch morelikely tobewithdrawnduring the process. Thesewithdrawalshappenedafterthe expensive filing feeshad alreadybeen paid. Manywerewithdrawnbecausethe applicantdidnotrespondto correspondencefromtheEPO. In fact,of50such applicantsin thestudy,only19werestill activefor the paymentofthe firstrenewal feeatthe thirdyear. Martin Schweiger – Patent Attorney
  12. 12. 10 waysan IntellectualProperty attorney adds value 2020-11-15 A proven way tobuild value and growth 12 Protecting your intellectual assetsadds value and helps grow your business. Martin Schweiger – Patent Attorney
  13. 13. Here areten ways that independent Patent Attorneys createthat confidence and add expertise to the procurement of IP rights. 1. Identifying the IP rightsthat potentially exist andcan be protected. 2. Familiarity with a wide range of technologies. 3. Ability to describe andclearly define the innovation. 4. Skillfully drafting the IP application with appropriatebreadth forthe best protection. 5. Understanding new technology todifferentiate the innovation andextrapolate the potential futureuse. 6. Describing the innovation in a manner that is readily understood. 7. Understanding the legal balance ofprotecting the innovation while advancing the wider public interest of advancing economic development. 8. Balancing the basic needs ofthe IP system with obtaining the protection to which the innovator is entitled. 9. Anticipating objections and infringements in other countries andregions. 10. Knowing how toavoid the IP rightsheld by others. Martin Schweiger – Patent Attorney
  14. 14. 90% of entrepreneurs only ask about the initial price. That is nonsense. Your main objective is to first find a qualified patent attorney, and only then to agree on a price. A patent application is both a legal document and a technical document. Make sure that you find an attorney who is able to fully understand your invention at the most technical level so that he can draft a document that fully and clearly describes it. Look for a firm that has an attorney with the appropriate technical background, and consider asking specifically for that attorney when you contact the firm. Find a Patent Attorney with Expertise in your Idea’s Technical Field
  15. 15. • PTO Metric: # of Office Actions ASK: On average, how many office actions do you take to get a patent allowed (Hint: 1 = watch out; 3+ = watch out!) • Fluent in Your Technology ASK: What technical degree and industry experience (if any) does the attorney who is going to actually work on your case have? • PTO Metric: Time to Allowance ASK: How do their clients' times-to-allowance compare to the average published by the PTO? • Business Experience ASK: What (if any) processes they specifically designed to make a patent more commercially valuable? • Patent Litigation Experience ASK: about roles in patent litigation wins. Either on patent owner or on defendant 5 Savvy Questions to Ask Before You Hire A Patent Attorney
  16. 16. Frequently asked questions 2020-11-15 A proven way tobuild value and growth 16 Some ofthemost famousinventions in historywerebasedon stolenideas. Forexample,the invention ofthesewing machine iscommonly attributedtoIsaac Singerandthe Singer Corporation. In fact,thedesign wasoriginallypatentedbyaninventor called EliasHowe and,following legal action,Singer wasforcedtopool its patentsandsharethe royaltieswithHowe. Ironically,agentleman called WalterHunt had,even earlier, invented asewing machine butdidnotpatentit. Readarticle"10GreatBusinesIdeasThatWereActuallyStolen" Is it true that good ideas are stolen or copied? Martin Schweiger – Patent Attorney Download here:
  17. 17. Are counterfeits from China aproblem for smallbusinesses? Chinanow has a veryeffective legal system to deal with the problem of IP protection—but that is only effective if youapplied for IP protection inthe first place. Look at the story of Ruth Brons, a violin teacher in the UnitedStates, who invented an accessory to help students hold the bow correctly. Ruthacquired the trademark“Bow Hold Buddies” and patented her invention inthe US, Canada, Mexico, EuropeandAustralia—but not China. Whensheplanned a move into the Chinamarket,shediscovered two factories already making counterfeit versions of herproduct, selling at a fraction of herprice. Youcan read the full story of Ruth Brons’ expensive struggle to regain protection for herproduct inChina here. Martin Schweiger – Patent Attorney
  18. 18. What is FICPI and how can it help smallbusinesses protect their intellectualproperty? FICPI is thetrustedglobalcommunityofindependentPatent Attorneys,TrademarkAttorneysandLawyersthatspecializein IP, in privatepractice. FICPI membersknowhow tonavigatethe worldofintellectual propertyandassistsmall businesses in IP protection,draftingof applications,preparelegal filings, settlementof IPdisputes, managingIP assets,licensing, assettransfers,valuationsandIP ownershipissues. Youcanfind atrustedIP Attorneyin yourcountryor region by searching onthe FICPI website: Martin Schweiger – Patent Attorney
  19. 19. General Practitioner Surgeon Patent AttorneyLawyer