Why is a patent attorney needed

A market survey conducted a couple of years ago under the leadership of the Patent Office revealed that only 35% of Estonian entrepreneurs were aware of patent attorneys (since trademark/patent attorneys are collectively called 'patent attorney' in Estonia, the same term is used here for both).

Perhaps it would be time to increase the awareness of the patent commissioner's office among the public. Patent attorneys are representatives of free legal professions, similar to lawyers, bailiffs, notaries, etc., and they are also often called 'intellectual property lawyers'. This is because we specialize in a narrow area of law related to industrial property (trademarks, inventions (patents, utility models), designs, etc.) legal protection issues, advising and assisting clients in the protection and dispute resolution of their industrial property ('rights'), being a helping hand in all aspects related to these rights , including when drafting contracts. As of today, there are 50 patent attorneys working in Estonia.

The question may arise that although individuals can deal with these issues themselves and represent themselves, why use the services of a patent attorney at all, who also has to be paid for the services? I usually answer this in the simplest way - if you don't know how to sew very well yourself, then there's no point in ruining the fabric. Relatively the same applies here as well - the given topic and related questions are often of a specific nature and require broader knowledge and perspective. A patent attorney, who is an experienced specialist, can generally see and evaluate the whole picture, considering protection strategies, offering solutions and evaluating how to protect the property created as a result of creative work in the best possible way. You can deal with these issues yourself, but inexperience can lead to negative consequences, irreparable damage, and in reality, you may not achieve the level of protection you need for your property. Long experience shows that often people who do not know the subject cause harm instead of benefit. Indeed, patent attorneys are also human and may not foresee all possible problem areas, but by using their services you minimize the risks.

First you need to know that industrial property protection is either national or regional. In order to get protection for your rights, you need to submit the necessary registration applications to the offices of the respective countries and regions - in Estonia, this is the Patent Office, and patent commissioners are an important helper for you in this process. Here are some reasons to use the services of a patent attorney:

1. Legal expertise: Patent attorneys have knowledge of the legislation and regulations in the field, as well as case law. Their expertise helps to ensure that your rights receive legal protection in the broadest and strongest possible way, as well as advice on how to avoid potential conflicts.
   
   
2. Strategic advice: Patent attorneys can provide strategic advice on how to maximize the protection of your intellectual property. They will help you understand what your options are and what risks may arise. Patent attorneys can help you develop an effective strategy, including, for example, which rights to protect and how best to do so.
   
   
3. Searching: before submitting a registration request, it is important to search for previous rights to make sure that the right being submitted is free for use and registration. Patent attorneys can conduct professional searches and advise on potential risks.
   
   
4. Preparation and submission of documents: patent commissioners prepare and formalize all necessary documents for submission to offices, which in certain cases are time-consuming and require specific knowledge. For example, drafting patent applications is technical and specific, requiring knowledge of the patent system. Patent attorneys can write clear and strong patent applications that increase the chances of patent registration and legal protection.
   
   
5. Registration Process: Registration of said rights involves several steps from application to registration. Patent attorneys help guide you through these steps, ensuring that the application meets all legal requirements and increasing the chances of registration.
   
   
6. Representation in the authorities, including in court, and responding to official inquiries: patent attorneys are your reliable representative and contact in the authorities, ensuring that official correspondence reaches you and thus avoiding missing possible procedural deadlines (which may, for example, result in the loss of the right). Also, if your rights are infringed or a dispute arises, patent attorneys can represent you in formal proceedings such as trademark, patent challenges or litigation.
   
   
7. Rights management: Patent attorneys can help you manage your intellectual property portfolio by advising on filing new applications, maintaining existing rights, and potentially assigning, licensing or pledging rights.
   
   
8. Monitoring and Enforcement: Patent attorneys provide services to monitor your registered rights to identify potential infringements or overlaps with other rights. They can take the necessary steps to protect your rights and, if necessary, take legal action, including filing a lawsuit or entering into negotiations.
   
   
9. Licensing and rights sale advice: Patent attorneys can help you with licensing agreements and rights transfers, ensuring that rights are clearly defined and protected.
   
   

In summary, patent attorneys help ensure that your company's intellectual property rights are properly registered, protected and managed in the best interests of the company. Their services are to ensure timely and proper intellectual property protection and to help you navigate the often complex registration process.