In recent years, as a result of advances in biotechnological plants and laboratories, there has been a steady increase in the number of patents filed every year. There are also more organizations that are focused on helping patent attorneys in the United States identify specific bio-based processes or inventions. This is because a wide range of different tools, techniques and approaches exist within the bio-technology industry. Some of these include genetics, engineering, chemistry, micro-science and others.
It should be understood that as the patent attorneys are working with the legal representatives of bio-technological companies they may also work closely with people who are involved in the field of biotechnology. In some cases the patent attorneys will be working closely with biotechnological company representatives and their employees. It should also be understood that the patent attorneys will also work closely with representatives from other fields of science, such as biochemistry and molecular biology.
Because the process of patenting inventions and discoveries in the scientific and medical fields is very detailed, it is often necessary for patent attorneys to utilize patent databases that contain the most comprehensive and up-to-date information about all the various processes and technologies involved. In the case of biological systems, as well, this means that it may be necessary to use multiple databases.
As it is very important to accurately describe and analyze the biological properties of an invention, patent attorneys have to ensure that they do not include anything that might confuse or mislead the courts. The law specifically permits patent attorneys to include terms or descriptions, which might mislead potential patent-seekers. This is why it is so important for patent attorneys to thoroughly review the documents they are filing to ensure that they are correctly describing the subject matter.
Patent attorneys must also keep in mind that while the process of patenting an invention involves the actual invention itself, it also requires additional steps in order to patent the invention. These steps might include the submission and evaluation of patent applications and then being reviewed by patent authorities and finally being granted a patent. Once a patent is awarded, it becomes illegal for another party to create, sell or distribute an identical product that is the same as or similar to the one that is patented. Even though it may take a long time before a product is developed, it can be very quickly implemented, if the inventor or manufactured with the proper bio technology.
Patent lawyers have to realize that not everyone that filing for a patent is actually entitled to one. If a patent is granted, it does not automatically mean that the person filing the patent is the one who actually invented or created the product. Therefore, a substantial amount of research must be done to prove that they are the creator.
If a patent attorney has to be concerned about a product, he or she must take several steps to determine whether or not the product is truly patentable. First, he or she needs to interview the owner of the patent. Then, if the patent attorney determines that there is a likelihood of that owner making, selling or distributing a new product, he or she must ask the owner to make a statement of patentability. Then, if the owner refuses, the patent attorney must consult a lawyer with experience in the area.