Rarely does a company’s success or failure hinge on just one variable. Roger Emerson knows this all too well, because he’s had the good fortune of having many cards stacked in his favor since founding his law firm, Emerson & Skeriotis, in 1992.
Emerson starts by crediting his firm’s success to two recent major changes in intellectual property law. First, he says, was the addition of a provisional patent, a “more informal” patent that can be obtained for about $1,000 instead of the usual $4,000 to $5,000.
This type of patent was created to help people try out their ideas to see if they merit a bigger investment. The patents last only one year instead of 10, but many times they are more practical, Emerson says.
The second change that has affected his business was the emergence of the business method patent. In the past, patents were usually only granted for technical or scientific inventions. Now, specific ways of doing business can be patented, and many companies are taking advantage of that protection.
When asked about his own success, Emerson cites these changes, with the reminder that “a rising tide lifts all boats.” But common sense says that while these changes would certainly help a firm specializing in intellectual property law, patents, trademarks and copyrights, there has to be an HR factor that plays a role in a company’s success or failure.
As an attorney who likes to sell, Emerson is in a minority.
“I enjoy the selling, the process of meeting new clients, trying to persuade them to use our firm for their intellectual property business,” he says.
As a member of Leadership Akron and other local civic organizations, Emerson makes a point of being involved in the community in which he does business.
In addition, the other 24 employees of the firm, who include seven patent attorneys and two patent agents, have been hand-picked to meet the specific needs of the firm’s client base, Emerson says.
Emerson, who worked as an engineer for Goodyear Tire before getting his law degree, says it’s very difficult to find good patent attorneys because of the requirements involved in becoming one.
To specialize, attorneys must have an undergraduate degree in a related science or engineering field and must pass a federal patent exam in addition to the state bar exam.
Emerson says many law firms are unable to maintain their practices in the area because of the expense involved in staffing them.
“Many larger firms have (patent and trademark) divisions, but can’t afford to staff them for the amount of business they get in patent law,” he says.
