Do I really need a patent attorney?

While technically it is possible to draft a patent application without passing the patent bar or even having gone to law school, it is inadvisable. Patent law is a particularly thorny and intricate field of law, and an unsuccessful patent application can take many months, even years to remedy: time your competition may be able to use to secure their own patents. It is crucial to find the patent attorney that is a good fit for you and your invention. If a patent attorney gets you and your idea, then that patent attorney can become an effective liaison between you and the USPTO. Obtaining a patent is often not only about having a good idea, but also about presenting that idea in a manner that meets numerous USPTO requirements. Even a good idea may not end up getting a patent if it does not meet USPTO requirements; for example, if there is prior art of your idea. Having a patent attorney that can effectively understand your invention and your goals is important for that presentation to the USPTO.

A patent consultation is key to finding out if a patent attorney is a good fit for you and your company. You will be able to get a good feel as to whether you and the patent attorney have good communication or not. Also, you can find out if the patent attorney has experience patenting inventions in your particular industry – often helpful for the patent process. In essence, you can use the patent consultation to figure out whether you can collaborate with the patent attorney in a way that is easy and comfortable for you. Clear communication between a patent attorney and an inventor is a great ingredient to have in the patent process.

Another beneficial aspect of embarking on a professional relationship with a patent attorney and gaining their valuable legal advice is the opportunity to perform a patent search to see how other, similar patents were secured and to ensure the lack of prior art. A patent examination can also identify holes in your company’s current patent portfolio.

Any communication directed toward Patent Ingenuity, P.C. via this website does not constitute an Attorney-Client privileged communication.

Can I trust a patent lawyer during the patent consultation?

Many inventors are somewhat wary of discussing their ideas with anyone – rightfully so given the implications of others trying to “file first” with their idea at the USPTO. That being said, the purpose of the patent consultation is to provide a confidential and comfortable environment in which an inventor can discuss the possibility of working together with a patent attorney. An inventor can even speak with a USPTO registered patent attorney on a very high level during the patent consultation. For instance, the inventor can discuss the type of invention (industry, technology area, product category, service category, etc.) without getting into too much detail. This type of discussion should allow both the inventor and the patent lawyer to get a good idea as to whether they may work well together.

Can I get an estimate during the patent consultation?

Yes, an experienced patent attorney will be able to draw on years of patent work to provide you with an estimate for the preparation of a patent application for submission to the USPTO. The quality of the estimate will depend somewhat on the amount of detail provided by the inventor during the consultation; typically, the more detail, the more accurate the estimate. You can also find out whether your invention may warrant a provisional patent application or not.

What should I bring to the patent consultation?

Whatever you are comfortable discussing. However, detailed materials will often lead to a more productive consultation than no materials at all. If you have a prototype or schematics of your intellectual property (IP), such materials are ideal, although not necessary.

Scheduling Your Patent Consultation

At the Patent Ingenuity law firm, the founder, Mr. Simpson, conducts all of the patent consultations. Mr. Simpson is a USPTO registered patent attorney with a vast array of experience, who prides himself on establishing clear and effective relationships with clients.

Request a patent consultation today!