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Contingency Patent Law

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    Patent Law

    • Patent law deals with the legalities of invention and innovation, which are described as intellectual property because the products and processes to be protected originate in the human mind. Strict definitions apply to patentable properties and include functionality, the practical ability of the invention to be manufactured and used, its novelty and its lack of obviousness. The latter two qualities must be proven and are not considered to be the same.

    Patent Attorneys

    • Because of the complex scientific nature of inventions, a lawyer must have a degree in engineering, physics or natural science--in addition to a law degree--to practice patent law. Much of a patent lawyer's work involves contracts for the sale or development of the intellectual property, but it also includes lawsuits for theft of the invention and other civil disputes.

    Contingency

    • Instead of a retainer or a per-hour or flat-fee charge for handling a patent law matter, many attorneys will base compensation on the monetary award of the lawsuit. Because the law firm will not be paid unless the suit is won, it is "contingent" upon the successful outcome of the case.

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