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Hiring A Patent Trial Lawyer OnlineBy Expert Author: Darin Klemchuk
Years ago in a series of decisions, business method patents were upheld as legal and protectable patents by federal courts.
Years ago in a series of decisions, business method patents were upheld as legal and protectable patents by federal courts. This resulted in an explosion of internet patent applications being filed. They are a favorite kind of patent for patent trolls, non practicing entities (NPEs) and other plaintiffs partly because a large number of businesses can be accused of infringing them due to widespread use of the internet and ecommerce. Internet patents can also generate significant jury awards. If sued, it is important for a company to mount an effective patent infringement defense. The U.S. District Courts for the Eastern District of Texas and Northern District of Texas are common courts in which these patent lawsuits are filed. A company should retain an experienced patent trial lawyer to defend against these cases. Preferably, a company should consider retaining a local attorney knowledgeable about the specific rules of the court and familiar with the judge and local practice.
There are various steps that need to be followed to get Internet Patents registered with the U.S. Patent and Trademark Office. First, a patent application needs to be filed with the U.S. Patent and Trademark Office. An applicant can either file a provisional or non-provisional patent application. After the application is filed, the applicant and the patent attorney will prosecute the application until obtaining an examiners allowance. This can require several communications with the patent examiner. If a provisional patent application is filed, a non-provisional application must be filed timely. Finally, the applicant must pay a fee before the patent is issued.
While patent trial lawyers should be familiar with patents and the patent system, they are not required to be licensed by the patent bar, just licensed by a state bar. However, a lawyer prosecuting patent applications with the U.S. Patent and Trademark Office must be licensed by the patent bar (USPTO). A patent agent can also assist with registering an internet patent. There are a lot of options in selecting a lawyer to help with Internet Patents. You should not have a problem finding them by searching the internet and reviewing their website. It will likely more difficult to filter all the search results to lawyers that are suited for your company and the type of matter for which you need assistance.
If you looking for an attorney who focuses on Internet Patents, then you can start a search using the topic and by specifying the name of your geographical area, like Texas patent lawyer or Texas patent trial lawyer. Generally, it is easier to hire local practitioners. They are easier to access and have more information for that particular area. This is particularly true when you are looking for a local counsel to assist with a patent lawsuit. There are many Texas Patent lawsuits filed, and finding a local lawyer is a good first step. Before retaining a lawyer, it is a good idea to meet with them in an initial consultation to ensure there is a fit.
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