Denver Patent Attorney Discusses Patent Trolls – Part 1 of 3

Denver Patent Attorney Discusses Patent Trolls – Part 1 of 3

View the video interview here: Denver Patent Attorney Discusses Patent Trolls

Introduction: This morning we are interviewing Denver-area patent attorney Mark Trenner. Mark has been practicing as a patent attorney in Colorado for almost 14 years; the past 9 years at Trenner Law Firm. While his practice focuses primarily on helping small businesses protect their inventions with patents, Trenner Law Firm assists clients build out all aspects of their intellectual property portfolio, including copyrights, trademarks, and trade secrets.

Interviewer: The Washington Post recently published an article titled “How Vermont could save the nation from patent trolls.” What do they mean by “trolls?”

Patent Attorney: Patent trolls have been in the news a lot lately. In fact, if you follow me on Twitter, then you’ve probably seen links to some interesting articles. Wikipedia gives a good definition of patent troll: “A patent troll, also called a patent assertion entity (PAE), is a person or company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the patents in question.” Sometimes, patent trolls are called patent holding companies.

Interviewer: I’ve heard that universities and government research laboratories do essentially the same thing.

Patent Attorney: You mean they develop technology, patent it, and then license the technology to companies.

Interviewer: Right, but universities aren’t in the business of making products. So are they patent trolls?

Patent Attorney: No, universities and government laboratories are not typically labeled as patent trolls. Instead, they are referred to as a non-practicing entity (NPE).

For Part 2 of 3 Follow This Link: Denver Patent Attorney Discusses Patent Trolls – Part 2 of 3

The Work of a Patent Attorney

The Work of a Patent Attorney

If you’ve come up with a compelling idea for a product or an invention, it pays to start thinking about patenting it to protect it right away. Without a patent in place, you risk your idea being stolen and monetised without your permission – and you should not expect any legal comeback. Many people do find the cost involved with patenting to be somewhat prohibitive. However, it does not have to be this way, and there are usually funding channels available to you that will help you to protect your idea.

Professional Assistance

A patent attorney can provide you with help, support and detailed, accurate advice on patenting your idea. When a patent is in place, the US government allows you to exclusively manufacture and licence your product within the United States. The body in charge of patents in the US is known as the US Patent and Trademark Office (USPTO) and this is the office that not only issues patents but maintains them too. Seeking help from a patent attorney really can help you to deal with patenting issues robustly and can help you to ensure that mistakes are not made when it comes to securing the ownership rights of an invention.

Is Your Idea Original?

Many would-be inventors have in the past come up with what they thought were completely original ideas, only to find that the fundamentals of their idea had already been patented. In order to find out whether an idea is unique to you or not, you can check for existing patents through various channels such as the USPTO website. If you go ahead with applying for a patent only to find that your idea is not original you could find yourself out of pocket, having wasted excessive time and money on attempting to secure the rights to something only to find yourself hitting a dead end.

Support during Product Development

Whilst you are free to start applying for a standard patent right away, many people have found it more beneficial to acquire a provisional patent. A provisional patent is far less expensive, and can protect your idea for a lengthy period of time whilst it is still in development. This can be extremely useful if you are working on your idea in secret but still wish to enjoy the extra protection that a provisional version of a patent will bring to the table. The application process for a provisional is also notably less complex than it is for a full patent.

Protection from Patent Infringement

In both the US and the UK, you should also ensure that the description of your product, idea or invention is as detailed as possible to ensure that those issuing patents can offer better protection for it. The more detailed your patent application is, the easier patent will be to enforce. Excellent communication between the patent examiner and the inventor can be crucial, which is why so many people in the UK choose to enlist the services of a patent attorney in London to assist them when it comes to UK law.