Friday 10 October 2014

Why Contingency Fee Patent Attorneys Is Not Possible

By Jocelyn Davidson


There are lawyers who strike a condition with their clients to for a contingency fee. This fee is paid only if the client recovers or receives the settlement to be paid when he or she has one the case. This also means that the lawyers would only be paid if the case is won and if there is full financial recovery. If this does not happen, the attorney will only get paid in a lesser amount than his regular fee or not paid at all.

There are different kinds of cases in the field. And the privilege of a contingency fee is only applicable to some and to others, it has to be agreed upon. Generally contingency fee patents attorneys are not applicable despite many inventors thinking that they can guarantee a conditional agreement. But in obtaining a patent for an invention, all of the attorneys do not settle for a contingency fee.

This kind of arrangement is a double bladed sword that can either benefit or be a disadvantage for the client or the lawyer. To avoid this from happening, lawyers try to protect their earnings from patent cases. They do not settle for a conditional agreement regarding their payments.

When applying for a copyright, there is no assurance that the outcome would be the same on what the inventor has expected. The only thing that can be controlled in the whole process is the invention itself. But whether or not it would be granted copyrights, that is not easy to say. Because of the lack of sureness that inventions have, lawyers do not go for conditionals. And inventors are do not react positively to this fact.

The payment of the fee with regard to acquiring a patent would generally be based on the financial recovery of the client. This means that if the thing that the inventor has created does not become a hit on the market, attorneys will only get a fracture of what is supposed to be his overall payment. So even if the inventor would win the litigation, the marketability value of the invention would determined if the contingency charge should be paid or not.

The fact alone that there is chance the services will not be compensated is enough to make attorneys think many times about it. The effort and work that is given to the draft of the application alone already consumes so much time. And if inventors would ask professionals to help them without the assurance of payment, that would not seem fair at all.

There are many advertisements regarding contingency fees that usually misleads inventors. These attorneys who are advertising for conditional payment in their services are those who are sure that their clients would be able to recover. Such clients are usually involve in personal injury cases where settlement is always a requirement.

If you are an inventor and you are planning on applying for a license for the what you have created, you have to be properly informed about this. You might think that, there are attorneys who would agree on contingency fees. You would be wasting your time if you are looking for someone in the field like this.

Lawyers also want to have a guarantee of their own. Launching an invention cannot provide the necessary assurance that it will gain popularity and people will start buying it. A lawyer who would be willing to work for free would be impossible nowadays.




About the Author:



No comments:

Post a Comment