Lawyers can be very helpful, if not essential, when it comes to drafting patent applications and patent licensing agreements. Patent licensing agreements are binding legal documents that should include all necessary provisions to protect the patent owner and the person obtaining the license to manufacture, sell or use the patented product. The fees associated with licensing agreement can get very involved and complex, and whether the fees are a percentage of the total sales or a flat licensing fee, an attorney should be involved to make sure that the agreement will be enforceable and binding on the parties.
An important factor in choosing an intellectual property lawyer is choosing an expert in the field. Especially for highly complex intellectual property matters, an attorney who specializes in intellectual property, patent and trademark law will be able to assist a great deal with all aspects of the patent, licensing and assignment process. Individuals should choose an attorney they are comfortable with as well as an attorney who is highly experienced in the relevant fields.
The cost of a lawyer can vary dramatically depending on factors such as the location of the attorney (city versus rural) and the number of years of experience the attorney has in the field. Additionally, attorneys who are sole proprietors versus attorneys in big firms may be priced differently as well. It is important to discuss price expectations with an attorney at the outset to ensure that the client and attorney are in agreement as the expectation of legal fees.