The patent process is complicated, so you’ll probably need professional help such as patent agents and patent attorneys. The U.S. Patent and Trademark Office maintains a nationwide register of attorneys and agents who meet legal, scientific and technical standards. Visit the agency’s Office of Enrollment and Discipline Web site at www.uspto.gov/web/offices/dcom/gcounsel/oed.htm.
Invention promoters also can help bring your patent to market. But before an invention promoter enters into a contract, by law he must disclose this information concerning the prior five years:
How many inventions the promoter evaluated
How many received positive or negative evaluations
Total number of customers
How customers received a net profit from the promoter’s services
How many customers licensed their inventions due to the promoter’s services
This information helps determine how successful and selective a promoter is.
Promoters also must provide names and addresses of all affiliated invention promotion companies for the previous 10 years. Use this information to check whether there are complaints or legal actions by calling the U.S. Patent and Trademark Office (USPTO) at (866) 767-3848. Company names also can be checked against lists of the Better Business Bureau, consumer protection agencies and state attorney general offices.
If a promoter fails to make the required disclosures, or makes fraudulent statements or representations, or omits facts, you have the right to sue and recover damages, plus costs and attorneys’ fees.
Beware of large upfront fee demands. And always ask for an accounting of how your money will be spent. Deal directly with the agent or patent attorney handling your patent application while tracking its progress.
Although the USPTO can’t bring law enforcement actions against invention promoters, the agency posts inventors’ complaints online and gives promoters an opportunity to respond.
Nearly every state has planning and development agencies to assist inventors, as does the U.S. Small Business Administration Web site at www.sbaonline.sba.gov. Bar associations operate lawyer referral services for patent attorneys.
Advice: Shop around. After comparing credentials, experience and references, compare prices as you would for any professional service.
