Is it common for patent attorneys to charge in advance?

Question

I talked this guy down to decent price to convert my first patent, but he wants money in advance.
Should I wonder, or worry, or be at all reluctant?

Answer 1

I would not worry too much, but do use caution and do your homework.

First, check to see if he really is a patent attorney. To see if he is registered to practice at the US Patent Office, see http://des.uspto.gov/OEDCI/. You may also want to check with the appropriate state bar to see if he is licensed and/or has any history of discipline.

Second, ask him for some published writing samples, e.g., published applications or issued patents, preferably covering technologies having some similarity to your own.

Third, ask him for an engagement letter setting forth the terms and scope of his representation so that there should be no surprises.

Finally, if you do not pay by check, make sure you get a receipt when you pay.

That way, if anything goes wrong, you have all necessary documentation to report him to the patent office and/or the state bar. No legitimate patent attorney will want his license to practice taken away.

Answer 2

Many attorneys request retainers for new clients or clients with shaky payment history. It's not uncommon, but make sure you're using a reputable firm. There's a lot involved with prosecuting patents and you don't want to risk your ideas for the lowest bidder.

Answer 3

It is not uncommon at all. Patents are incredibly time consuming and expensive to obtain and the "man" has to eat and pay his bills.

Answer 4

Yes, but the fact that he would negotiate his rate tells me something is fishy. He's not perchance from a well-advertised Washington DC firm? They're a scam, you know.
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