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A software patent attorney helps clients protect their software products through patent law, including drafting requests, navigating the process, and taking legal action if necessary. They also assist with licensing agreements and negotiations and provide advice on protecting designs in development. The attorney acts as a designated content spot during the investigation process and helps protect the patent after it is obtained. They also provide assistance with licensing, including special agreement uses.
A software patent attorney helps clients with software products they want to protect under patent law. This may include drafting requests and navigating the overall process, as well as taking legal action if necessary. These legal professionals can also help clients with licensing agreements and negotiations when they want to license their patents or use technology from other companies. The job requires an in-depth knowledge of patent law as well as software-specific considerations.
Customers can contact a software patent attorney early in the development process to discuss the project and determine if it may be eligible for a patent. Lawyers can provide advice on protecting designs in development as they begin to prepare detailed patent applications for the final product. Customers may wish to apply for international patents to ensure the software is protected around the world, which requires additional work.
As the application moves through the investigation process, the software patent attorney acts as a designated content spot. Examiners with questions may meet with the attorney to discuss them and forward requests for supporting documentation and other materials through the attorney. If the application is rejected, a software patent attorney can review it to determine why and oversee an appeal with this information in mind.
After a company successfully obtains a patent for a product, the software patent attorney helps protect it. In the case of violations, the attorney may meet with the violators to discuss resolutions, such as paying a licensing fee, stopping use of protected software, or paying a settlement to avoid going to court. Some cases may go to court, where the software patent attorney challenges the infringement and demands compensation from the original patent holder. The amount of damages may depend on the nature of the infringement and the losses that may be related to unauthorized use of patented material.
Software patent attorneys also provide assistance with licensing. This includes basic user license agreements for commercially produced software that will be sold to the public, as well as special agreement uses. For example, one company may have software that may be an integral part of another company’s product development. That company can apply for a license to use the software under development, with a contract that will be negotiated by the software patent attorney. Special uses may also include protections for companies that develop purpose-built products for specific applications, such as a school district’s database.
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