Why There Is No Possibility Of Contingency Fee Patent Attorneys

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.

The kind of case or litigation process will determine if the need for a contingency fee is applicable. In some cases, it is always present. But contingency fee patents attorneys are simply impossible. There might be notion that most patent attorneys would accept the agreement of a conditional fee. But they do not.

There are pros to this agreement in other scenarios and in other kinds of litigation. But in a patent case, most attorneys feel most of the time that they will not get the payment that their services deserved. Because in this kind of case, there is no guarantee at all.

The way lawyers see it, the whole process of applying for a patent is very uncertain. There is no assurance that the result would be favorable to the client or not. The other variables in the whole process cannot be controlled and the decision of the patent examiner is something that cannot be predicted. When most lawyers tell inventors that they do not do contingency agreements, there are some unfavorable responses. But that is just how it is.

Talking about contingency fees, the lawyer will be paid only if the client will recover financially. This only means that despite acquiring a patent for the invention, the fee might not be compensated. In the event that the marketability of that invention is not high as expected, the fee will be given only in a small portion or not at all.

There is no guarantee in cases like this which is why attorneys do not go for conditionals when tackling a patent case. Asking for a professional to work on your case and take the time to draft an application for your invention is only okay if you have the needed finances to pay for them. If you are not sure that you would be able to recover and you asked the attorneys to invest in the idea that you might is asking for what is unrealistic.

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.

You should know about this before hiring a professional and asking for a conditional payment agreement. Looking for someone who would take on a patent case with these kind of arrangement is asking for the impossible. Aside from you are wasting your time, you are also wasting money.

The uncertainties that a patent case presents have made lawyers always put their guard up. Professional services that was rendered should be paid. Because if your invention will not have the market sales that you have predicted, you will suffer as well.




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