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By Richard Gearhart
Founding Partner

Patent law is one of the most specialized fields in the legal profession, falling under the more general umbrella of Intellectual Property law. Patent law specifically involves inventions, how they are registered, and how the rights of the inventors are protected.

There are over 2.1 million active patents in effect in the United States, and the U.S. Patent and Trademark Office receives an average of over 200,000 applications per year. Much of what is part of your everyday life is subject to patent protection, like the technology of your smartphone or the machining process creating the thermal cup your morning coffee comes in.

A patent attorney is your advocate when you want to present your invention or process for protection from unauthorized usage or duplication. The patent application process can take one to five years to final approval, so you will want to retain the services of a knowledgeable and experienced attorney. You will want to do your research if you are considering retaining the services of a patent attorney in NYC.

Experience Counts

You would not want a real estate closing specialist to represent you in traffic court. If you are seeking to file a patent of your process or invention, you will want an attorney with technical experience for the job.

Patent attorneys must have scientific training and typically have a four-year degree in a scientific field of study. You will want an attorney who has practical technical or scientific experience to assist you with the patent process. If you want to submit a patent for a new type of software, for example, it helps to enlist the services of a patent attorney with a background in software or programming.

Good at Their Jobs

One of the best ways to evaluate an attorney to handle your patent process is the attorney’s success rate. As mentioned earlier, it can take for approval of a patent application. You may want to ask around to inquire about a patent attorney’s performance in preparing applications for examiner review. If it takes an attorney an excessive length of time to get the job done, that lawyer may not be the one for you.

Check the Workload

There are 40,000 patent lawyers in the United States to handle about a quarter-million applications per year. A patent attorney who doesn’t have a high workload may be one with a roster of unsatisfied clients. The lawyer you consider should be busy, yet still have room to provide you with efficient and adequate representation.

The selection of the right patent attorney is important if you have an invention or process that needs legal protection. Ask the right questions and do the proper research before you select a patent attorney in NYC.

About the Author
Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.