What Factors Can Affect a Contingency Patent Attorney’s Decision to Take a Case?
Patent disputes can involve substantial legal expenses, technical evidence, complex procedures, and significant time commitments. For patent owners, a contingency-based arrangement may provide an alternative to paying legal fees entirely on an hourly basis. However, not every patent dispute is suitable for this type of representation. A contingency patent attorney typically evaluates several factors before deciding whether to accept a case. These factors help determine whether the potential recovery justifies the financial risk and resources required to pursue the matter. 1. Strength of the Patent One of the first considerations is the strength and enforceability of the patent itself. An attorney may review the patent's claims, prosecution history, scope, and remaining term before deciding whether the case has sufficient merit. A patent that clearly covers the accused technology may present a stronger opportunity than one where infringement is difficult to establish. The atto...