Patent attorney: define the assignment and services
Patents concern technical inventions. Advice may cover strategy, searches, drafting an application or managing existing rights.
Define the assignment
Patentability and whether a product affects others’ rights are different questions. Define the assignment first; a brand name or business idea is not automatically a patent matter.
Specify the result
Define the first stage: assessment, search report, application draft, response to an objection or portfolio management. Technical field and experience in the intended procedure matter. The professional title is protected; check suitable qualifications without treating them as a guarantee of grant.
| Service | Agreement to make |
|---|---|
| Strategy / search | Question, scope and written assessment |
| Filing | Agree draft, claims and territorial route |
| Existing rights | Clarify deadlines, proceedings and responsibility |
Prepare the inquiry
Give the field, development stage, any disclosure and existing applications in general terms. Mention known office deadlines or planned presentations. Send the technical solution, claims and drawings after agreeing confidential cooperation and a suitable channel.
Describe the scope and available information without copying confidential originals into the first inquiry. Unknown technical details can remain open. Later agree a suitable transfer channel and a person responsible for questions.
Clarify responsibilities and limits
Novelty, inventive step and industrial applicability are important conditions. Public disclosure before filing may affect novelty. Protection is territorial; an international filing procedure does not automatically create a worldwide patent. New Swiss patent rules take effect on 1 January 2027. Clarify the applicable examination and transitional rules for pending or planned applications.
Compare costs and billing
Separate advisory and drafting fees from official fees. Searches, translation, foreign representation, examination and renewal fees may add costs. Compare a defined first package and the anticipated next stages. Filing price alone does not describe total cost through grant or over the patent’s life.
Compare the same service over the same period. Ask for setup, ongoing work, additional effort, expenses and VAT to be shown separately where applicable. Clarify approval of additional work. Without specific information a national price range would be misleading.
How the assignment proceeds
The initial discussion clarifies purpose, field, disclosure and known deadlines. Depending on scope, searches and assessment, an approved draft or takeover of proceedings follow. Agree who tracks office correspondence, deadlines and decisions. A quotation inquiry is not a patent filing and does not confirm responsibility for deadlines.
First discuss the objective, scope and responsibilities. The quotation then records services, assumptions and exclusions. Check an agreed first stage before substantial further work starts. At completion record the result, unresolved matters and handover; changes need an agreed approval process.
Compare quotations carefully
Check what will actually be delivered and what contribution you must make, as well as price. A low basic fee can be offset by extras or missing services. Give every provider the same requirements.
| Check | What the quotation should explain |
|---|---|
| Scope | Included work and expressly excluded tasks |
| Cooperation | Contact person, questions and approvals |
| Billing | Charging basis, extras and terms for additional work |
| Procedural route | Countries, search type, deadline management and later costs |
Checklist before starting
Record these before detailed confidential work.
- Confidentiality. Clarify disclosure and exchange channel
- Scope. Distinguish patentability and freedom to operate
- Responsibility. Allocate deadlines and approvals expressly
Frequently asked questions
Must I describe the whole invention in the inquiry?
No. The field and support needed are enough initially. Secret technical details are discussed confidentially later.
Is a patentable invention automatically free to use?
No. Other people’s rights may be affected. A freedom-to-operate assessment needs separate scope.
Do I need complete records first?
No. Explain what is available and what remains to be clarified. Records needed for the actual work are agreed later.
Should I include confidential content in the inquiry?
No. A brief description of the need is enough. Credentials, complete customer files and information about third parties belong in a later agreed protected exchange.
Is the commissioned service free?
The free quotation inquiry does not replace a fee proposal. Agree costs and assignment terms with the selected provider.
How is the timetable agreed?
Give any known date and explain its significance. The provider must check capacity, necessary information and dependencies; an inquiry does not yet confirm a delivery date.
