Patent lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What patent lawyer is

A patent lawyer provides information about protecting inventions and may search prior inventions, prepare applications and deal with the patent office. Inventors and companies look for one before sharing an idea publicly or when they want to file. General information, not advice.

Signs you need it

  • You have an invention and want to know whether it can be protected
  • You plan to show your product at an event, post it online or pitch it to investors
  • A competitor sells something similar and you are unsure about your options
  • You received a letter claiming you infringe a patent
  • Employees or contractors helped create the invention and ownership is unclear
  • You need to sign a licensing agreement for a technology

What the pro does

  • Interview the inventor to understand what is new about the invention
  • Search earlier patents and publications to see what already exists
  • Explain, in general terms, the types of patent protection available
  • Draft the application with a written description and claims
  • File with the patent office and respond to the examiner's questions
  • Prepare assignment and licensing documents as needed

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • The type and technical complexity of the invention
  • Number of drawings and claims
  • Whether a prior art search is done first
  • How many rounds of examiner responses are required
  • Whether filing is in one country or several
  • Whether a provisional filing is used first
  • Whether disputes or licensing are also involved

What a written quote should spell out

  • Which steps are covered: search, drafting, filing and responses
  • Government filing fees listed separately
  • Cost of drawings billed separately
  • Whether responses to examiner actions are included
  • Who owns the work product and drafts

Questions to ask before you hire

  • Are you registered to practice before the patent office, and in what technical field?
  • Can you explain what a prior art search covers and its limits?
  • What should I avoid doing publicly before filing?
  • What do the claims in an application do?
  • How do you keep my idea confidential?
  • Who handles filing in other countries if I need it?

Red flags

  • A promoter who promises a patent will be granted
  • Invention submission companies that charge before any real review
  • Pressure to file immediately without a search
  • A seller who does not give you copies of what was filed

What you can do yourself

You can write down how your invention works, date your notes, keep sketches and avoid public disclosure before speaking with a professional. Do not share details without confidentiality terms. Patent drafting is technical, and errors can limit protection, so speak with a registered patent practitioner.

Licenses and permits

Practicing before the patent office requires registration with that office, and patent lawyers must also be licensed attorneys in the states where they practice law. Check both.

Patent lawyer questions

Can a lawyer guarantee a patent?

No. Approval is decided by the patent office.

Should I talk about my invention before filing?

Public disclosure can affect your rights. Ask a patent practitioner before sharing it.

What is a provisional application?

It is a type of early filing. A patent practitioner can explain how it works and its limits.

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