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.

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 inventors learn about this fact, most of them would react negatively. But according to lawyers, when someone is applying for a patent, there is no absolute guarantee about the overall outcome. The whole process of invention is the aspect that can be controlled. But the litigation process and the marketing status of the invention cannot be guaranteed.

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.

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.

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.

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.




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