San Diego Patent Attorney Peter Gutenberg Warns Inventors About Trolls and Offers Tips for Selecting a Patent Lawyer

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Patents on intellectual material is one of the most misunderstood facets of the law. One of the biggest problems currently facing inventors and the judicial system are “patent trolls”.  Patent attorney Peter Gutenberg, owner of the Law Offices of Peter Gutenberg, specializes in patent law and is a leading authority on patent trolls.

“So-called “patent trolls” or patent assertion entities get a lot of press,” said Gutenberg. “Generally, these are firms which buy up patients and assert them against infringers or license them to users. The bad reputation of these people is that they pay the inventors a relatively small sum for the patent rights and reap huge rewards after litigation. They clog up the court system with patent-related litigation.”

A patent troll can be an individual or entity. In many instances the buyer never actively markets the product or method developed by the creator. The inventor’s vision of making millions evaporates and they come to Gutenberg for answers, while the patent troll’s income soars by suing others for infringement, slowing down the court system in the process.

Universities are one of the entities that routinely purchase patents, with the University of California system one of the largest holders of patents in the U.S. Inventors should be aware that they don’t have to sell their patent outright. Licensing is also an option. To avoid patent trolls and theft, Gutenberg advises, “If you have invented something, don’t make and sell it and don’t disclose it.”

In many instances, a patent troll may represent the only offer an inventor receives. There are millions of patents on file that have never been monetarily successful for their creator.  Many individuals fear the cost of hiring a professional and fail to seek the expertise that only an experienced patent lawyer can provide.

Obtaining a patent isn’t a simple procedure and inventors should be aware that it doesn’t automatically confer monetary rewards. A patent can be a costly and time consuming endeavor, depending upon the complexity of the patent and the amount of research that must be conducted. The patent application can take 40 to 50 hours to write and the average patent takes 3-5 years to obtain.

Prior to changes in the law, an individual had to prove that they were the first to invent or discover something to be granted a patent. Today, the first person to file for a patent will be recognized as the holder. A patent, and the invention or concept it protects, is essentially a piece of property and is treated as such by the law.

Gutenberg advises inventors to educate themselves about the patent process by visiting the patent office website before retaining legal counsel. They should seek an attorney that will explain the costs and process beforehand, select someone they feel comfortable working with, and someone with the appropriate education, diligence and attention to detail.

Patent Attorney Peter Gutenberg can be reached through his office at 10606 Camino Ruiz Suite 8 #263, San Diego, CA 92126.  More information may be found on Mr. Gutenberg’s Web Site

Other information about Patent Attorney Peter Gutenberg can be seen on CNN at

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