Legal Question in Intellectual Property in California

Yes, specifically a patent attorney. A lawyer who is not a registered patent attorney cannot assist you with preparing and filing a patent application.

It is possible to file a patent yourself, or to use a patent agent rather than a patent attorney, however it is not recommended. A patent application is generally considered the most difficult legal instrument to draft correctly, and you may not discover whether your patent application was prepared correctly until years later.

Clifford is right, but I would clarify his point about "specifically a patent attorney." I practice intellectual property law in the sense that I deal with copyrights, trademarks, trade secrets, but I am not a patent lawyer. People often toss "intellectual property" about as though it was one body of law, but each one is discrete. Some patent lawyers know very little about copyrights and vice versa, for example. What you are looking for is a patent lawyer, not jut any "IP" lawyer.

I'd say your first step is to determine the probable patentability of your internet business idea. It sounds to me as though its patentability is doubtful. That's exactly why your first step should be to discuss it with a patent attorney. You may be able to get an excellent idea of your chances for a patent in an initial consultation, possibly free.

If you had to ask the question, then the answer is yes.

As a Franchise Attorney I agree with Bryan's analysis. Certainly you need a patent attorney to prepare and file a patent on a patentable idea. The key issue is whether the idea is even patentable to begin with. Consult with a good patent attorne in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation