responsibility of the patent attorney?

質問

Hi there!

Is the patent attorney handling my patent application responsible for technical accuracy and completeness? What kind of responsibility does the attorney have in the application process in general?

or

回答: 4 public & 0 非公開

Ashutosh choudhary
IPコンサルタント

Hi John,

In general a patent attorney has no liability and responsibility of technical accuracy of patent application. Drafting of a patent application is a team work where an inventor or team of inventors work(s) with patent attorney to provide a techno-legal draft of their invention. So, you have to review the draft at every step to check that if its covering your invention or not. However, if you have provided the power of attorney/rights of prosecuting or maintaining the patent application with related PTO then in this case their exist a clear responsibility of patent attorney. Recently, a US court has fined a law firm for missing the important deadline for a patent also proves the liability of law firm in patent cases.

Regards,
Ashutosh

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