Patent laws do not require inventors to be professionally represented but there is good reason to obtain professional assistance particularly if the invention (and its patent) is an important business asset.

To apply for patent protection of an invention you will need to seek the assistance of a patent attorney. Patent attorneys are qualified and registered to practice in patent, trade mark and design laws. All patent attorneys  must also hold a qualification in aa technical field (for example a degree in science or engineering). Only patent attorneys registered with the Professional Standards Board of Patent and Trade Marks Attorneys are permitted to prepare and file patent specifications (and related documentation) on behalf of inventors.

Both patent attorneys and lawyers specialising in intellectual property can advise and act in various patent-related matters such as drafting licensing agreements or representing an inventor or an infringer in court proceedings after an infringement has occurred.

However only a patent attorney can:

• assess the patentability of an invention or technology;.
• perform a patent validity and interpretation analysis;
• assess patent claims;
• draft a patent;
• respond to formal correspondence from the Patent Office; and
• monitor and progress your application ensuring that all deadlines are met and your application does not lapse through inaction.

There are different kinds of patent applications and different patent filing strategies. Patent attorneys have training and experience in the patent process and can tailor filing strategies according to an inventor’s commercial wishes and needs. Online tools and information can be very helpful but it is no substitute for professional advice. A patent attorney can advise you about the steps and process including:

• whether your invention is patentable;
• the potential hurdles you will face; and
• what filing strategy might be warranted to meet your product launch plans.