The existence of a pending continuation and proper continuity is one of the most important factors for a contingent fee patent representation.
All tagged Contingent Fee
What do Contingent Fee Patent Lawyers Look for When Considering Patent Title and Term?
When performing due diligence into a patent matter, we need to make sure that there are no issues with the title, standing, and term of the patents. Also, given that a contingent fee lawyer is entering into a close relationship with a patent owner or inventor, the lawyer may also want to consider issues relating to the background of the inventors and patent owners.
What Information do Contingent Fee Patent Lawyers Need From a Prospective Client?
When conducting due diligence for a potential contingent fee patent representation, we need to obtain specific information from the prospective client. We require additional information in cases with a more fully developed history. Having this information on hand to provide (when requested) may significantly decrease the time it takes the lawyer to consider your matter.
What Makes a Good Contingent Fee Patent Case?
During the initial due diligence period, a contingent fee lawyer evaluates at least the following factors: title, term, continuity, validity, infringement, and damages. In this post, I will generally discuss what we look for with respect to each factor.
Some of the Many Ways You Can Lose Your Patents or Won't Be Able to Assert Your Rights
Knowing the many ways that rights can be taken away or rendered inapplicable during an infringement action can help patent owners plan for and avoid these issues. For each of these hazards, there are ways to minimize the associated risks.
How to Create a Valuable Patent Portfolio
There are certain steps that can be taken to eliminate risk and make the patent case as clear on liability as reasonably possible. With an understanding of the criteria and the ways that a patent case can be lost, patent owners and applicants can make better decisions while building their portfolio to minimize their risk and maximize the risk to potential infringers. As a result, the value of the portfolio will increase.
Why is it Important to Create a Patent Portfolio “Worthy of” Contingent Fee Representation?
If you prosecute your patents from the beginning with an eye toward contingent fee enforcement, you can keep open as many options as possible. Creating a patent portfolio worthy of contingent fee representation is synonymous with creating a strong and valuable patent portfolio.
Why You Should Consider Contingent Fee Representation
Some lawyers will take patent licensing and enforcement matters on a contingent fee basis. In a contingent fee representation, the client and attorney incentives are more closely aligned to reach the client's desired outcome. If a lawyer doesn't take your case on a contingent fee basis, you should look closely at the legal issues of concern to the lawyer to determine whether the case is worth paying lawyers hourly to pursue.
The Importance of Patent Enforcement to a Patent Owner
If you have exhausted your resources obtaining patents and cannot afford to enforce them, it may be hard to realize any benefit from them. Some attorneys will license and enforce patents on a "contingent fee" basis; the client only pays out of funds that are recovered. Through this series of articles, I aim to help patent owners minimize their risk and create high-quality enforceable patent portfolios that are ripe for contingent fee representation.