Can a patent attorney guarantee that I receive a patent for my invention?
Callers often ask patent attorney Mark Trenner if he can guarantee his work. Can patent attorney Mark Trenner guarantee that he can get the Patent Office to guarantee that a patent will issue for their invention. And if the Patent Office won’t issue a patent for their invention, can the inventor get a refund?
No. Mark Trenner’s Colorado-based patent law firm does NOT offer any guarantees or warrantees that the Patent Office will issue a patent for an inventor’s invention. In fact, as an attorney registered with the Colorado state bar, Mark Trenner and his patent law firm is prohibited by attorney regulation from offering any client, any guarantee or warrantee as to outcome or result of a particular matter.
The reason Colorado attorneys (and perhaps patent attorneys in other states) are unable to offer any guarantees or warrantees is that the outcome or result depends on a wide variety of factors. Most of these circumstances are out of the control of the patent attorney. For example, the Patent Office may refuse to issue a patent for an invention if the Examiner finds prior art that anticipates the invention or renders the invention obvious. Or the Inventor may decide not to pursue an invention any further once a patent application has been filed with the Patent Office.
Nor does Trenner Law Firm offer any refunds for work that has already been completed. Refunds for work that has already been performed may be considered a guarantee or warrantee, which as noted above is prohibited by the attorney regulations.
