How to choose an Intellectual Property (IP) attorney?

There are some great IP attorneys (patent attorneys and trademark attorneys) out there but you need to find one who fits with your business and wallet.

Whilst many say they focus on small and medium businesses, the reality is they get credibility from working with the big guys. One client said it took his attorney 6 weeks to answer an email! Your work will probably be handled by a junior but charged at senior rates, so ask the question ‘Who is really doing my work?’

Make sure you know what you are paying for? A recent client found they needed an unexpected 80% on top of their quoted fee to cover prosecution and registration costs. Ask for fixed prices covering searching, filing, prosecution and registration, where possible ?

Ask for an IP strategy covering registered and unregistered rights and options depending on budget and stage of the business. The right answer at this stage might not be to file a patent or a trademark. Ask your attorney for his advice on alternatives to intellectual property registration.

Don’t pay for inefficient processes. Many firms digitised and increased efficiency in the last year, but try to make sure you are not paying the price for inefficient processes, paper handling and the associated risk.

Ask for reviews and client feedback. Ask for examples of work done in a similar space to yours, and at the same time be comfortable there will not be any conflicts.

More than anything ensure you like and can work with your IP attorney because hopefully it will be a long term and mutually successful relationship.