I Can’t Find My Idea Anywhere, Now What? – The First Step To A Patent

Contact your friendly neighborhood patent attorney! Finding a patent attorney is not terribly difficult as your internet search will attest to, but do some research to determine if the person you contact lines up with your expectations. Generally, if you are cost-conscious (and it is presumed that you are), you should be looking for an attorney who provides you with a free consultation and a fee structure that is transparent.

The free consultation can be very important if this is your first rodeo because you may not actually need help for any number of reasons and you do not want to pay to find out you can’t actually protect your idea.

The fee structure is important as the patent prosecution process (writing, filing, and arguing the patent application before the USPTO) is complicated, can take 2-3 years to complete, and involves multiple sub-steps. Some law firms charge for each step including consultation time, creation of drawings, writing of the patent application, arguing with the patent Examiner (typically 1-3 arguments per application), as well as time/costs for mailing items to you and the USPTO. Other law firms may flat fee certain ones of these steps. Regardless of what firm you go with, please make sure it is clearly stated what the total bill is likely to be and what you will be charged at each stage of the patent filing and prosecution process.

A Note From Attorney Sean Kaufhold:

I have experienced many clients who have had bad experiences when it comes to fees. The biggest complaint is that the client does not realize how much time (and associated cost) is involved when the patent examination phase begins. Nothing is worse than being told you are being preliminarily rejected and also receiving a bill for several thousand dollars to deal with it. That is why we moved to a complete flat fee service – and because, frankly, billing has its own difficulties.

Discuss Your Options With The Patent Attorney

The patent attorney will discuss your invention with you – and this conversation is confidential as you will have the attorney-client privilege – to determine if your idea is first considered the patentable subject matter and then what types of patents could be open to you. Sometimes an invention may be covered by both utility and design patents and furthermore could include apparatus and method utility patents. The attorney will help you decide which type of patent is best suited to your invention and will have the greatest chance of success at the USPTO. Once it has been determined that you have the potential to protect your invention, it is time to move on to the next step.