How to hire a patent lawyer [Expert Review]

Last updated : Sept 10, 2022

How do I get a poor man's patent?

The theory behind the “poor man's patent” is that, by describing your invention in writing and mailing that documentation to yourself in a sealed envelope via certified mail (or other proof-of-delivery mail), the sealed envelope and its contents could be used against others to establish the date that the invention was ...

How much does it cost to issue a patent?

Need Help? A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

How do I get my idea patented?

1. Step 1 – Verify the Idea is Eligible For a Patent.
2. Step 2 – Keep a Detailed Record of Everything.
3. Step 3 – Make a Prototype.
4. Step 4 – Apply For a Provisional Patent.
5. Step 5 – Hire a Patent Attorney.
6. Step 6 – File Your Patent Application.

How long does it take for a patent to be approved?

In the United States, it takes an average of 24 months from the filing of a patent application to get a patent.

Is it difficult to get a patent?

Since patents are legal articles, they can be somewhat difficult to obtain. Patent applications vary from country to country, depending on what you're trying to get a patent for.

Does a poor man's patent hold up in court?

Even under the old system, i.e., the “first to invent” system, a “poor man's patent” standing alone, i.e, without a patent application, was worthless. You cannot access the court system and ask a judge or a jury to enforce a right that the U.S. Government does not even recognize as a right.

How long is a patent good for?

How Long Do IPR Rights Last? A U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What can you not patent?

• literary, dramatic, musical or artistic works.
• a way of doing business, playing a game or thinking.
• a method of medical treatment or diagnosis.
• a discovery, scientific theory or mathematical method.
• the way information is presented.
• some computer programs or mobile apps.

How do I know if my idea is patentable?

1. Patent Public Search.
2. USPTO Patent Full-Text and Image Database (PatFT)
3. USPTO Patent Application Full-Text and Image Database (AppFT)
4. Global Dossier.
5. Patent Application Information Retrieval (PAIR)
6. Public Search Facility.
7. Patent and Trademark Resource Centers (PTRCs)

What are the 4 types of patents?

• Utility patent. This is what most people think of when they think about a patent.
• Provisional patent.
• Design patent.
• Plant patent.

Does a patent pending protect you?

Patent Pending Protection: What Is It? Patent pending protection lets you warn other people that the U.S. Patent and Trademark Office (USPTO) are considering granting you a patent on your invention. This warning will discourage other inventors from stealing or copying your invention.

Can you sell something that is patent pending?

Fortunately you do not have to wait until you have a full patent to sell your idea. In fact you can sell a patent once you have received a “patent pending” status. Office (USPTO). With a patent pending status the invention is protected against infringement.

What happens if you don't use your patent?

Patenting gives you official ownership of your innovation. You can then charge a license fee to someone who intends to use your technology. However, if you do not patent your invention, licensing and selling may prove to be challenging or impossible.

Can you make a patented product for personal use?

In the US, if you make or use an object that includes all the elements of the claims of a granted patent, then you are infringing that patent. It does not matter whether you share the object or attempt to make money from it—simply making or using it is enough to qualify as infringement.

What percentage of the population has a patent?

The patent approval rate in the U.S today is close to 52%, very far off from the 95% figure that some claim. So, if you think that the USPTO is handing out patents freely, you're gravely mistaken.

How do I patent a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Can you patent an idea without a prototype?

Many inventors wonder if they need a prototype prior to patenting an invention. The simple answer is “no'. A prototype is not required prior to filing a patent application with the U.S. Patent Office. While prototypes can be valuable in developing your invention, they can also be costly.

Can you sell your patent?

A patent is an important document which grants ownership to an invention. However, simply owning a patent won't generate a dime for the inventor. To profit from your idea, you must sell the patent, license usage rights, or market the product yourself.

What is considered the most valuable patent of all time?

Alexander Graham Bell was granted a patent that recognized him as the sole inventor of the telephone, US patent no. 174,465, eventually became known as “the single most valuable patent ever issued in the history of the world”.

Check these related keywords for more interesting articles :
How to be intellectual property lawyer
Trademark register switzerland
How to register a trademark madrid protocol
Discuss reasons why intellectual property is protected by law
Can you trademark words
How to buy a us patent
How to trademark a saying
What does trademark protect 2 points
Intellectual property ownership agreement template
Why trademark protection is important
Intellectual property act singapore
How to cite patent application in cv
How to buy and sell patents
Intellectual property rights waiver
How to trademark digital art

Write a comment

who's the best patent attorney for you well I've identified five factors that you probably want to consider when hiring a patent attorney but before I get to those you're probably wondering who I am and about us so I'm Stephen thrash firm or thrash for associates and I help game changers inventors and entrepreneurs probably a lot like you turn your ideas into assets that you can use to create revenue get funding and gain influence so you can bring your ideas to the world and change it so what are these five factors that you should consider before hiring a patent attorney first is technical alignment this just means that you want to make sure that the idea that you have if it's related to some particular technological area that the patent attorney that you work with has worked in that area before involved patent applications in that area before so for example if your idea is related to software you want to make sure that your patent attorney has experience with filing software patent applications so first is it is technical alignment the second factor is experience just like you wouldn't take your car to a mechanic who's never worked on a car like yours before you want to make sure that the patent attorney you go to has filed for patent applications in your area before far too often today with some of these advertise on TV companies they'll take your patent application and though sometimes even send it overseas I don't suggest going that route of course you want to make sure that you're able to communicate with your patent attorney and that they have the experience you need to have confidence that your information will be protected competently so experience is the second factor the third factor is speed and urgency because of the America Invents Act the first to file a patent application gets the patent today so if you submit your information to your patent attorney but they wait weeks or months to follow the patent application all of a sudden somebody can come in while your application is sitting on their desk they filed the application in the Patent Office and they get the patent so there there needs to be a sense of speed and urgency on the part of your patent attorney and that's the third factor the fourth factor is budget I'm an inventor and I know how tempting it is to want to file a patent application on every aspect of your invention however if you do that it can be a road to financial run because you can run up a 6-figure that's over a hundred thousand dollar expenditure in a hurry if you do this the wrong way however if you work with your patent attorney and treat them like your chief intellectual property officer let them work with you to create a budget to capture as much intellectual property as possible and you will be amazed at how much you can get protected at a fraction of the cost the fifth factor to consider when hiring a patent attorney are your long term goals make sure that your patent attorney knows whether you intend to license your product whether you want to raise money whether you intend to create a project in Sullivan or a channel or start a business and that works there are so many other ways to use a patent as well but by making sure that he or she knows what your long-term goals are they can help you not merely with preparing a better patent application but also with a larger overarching strategy of protecting your ideas so again the five factors to consider when hiring a patent attorney our technical alignment experience speed and urgency your budget and depth your long-term goals so thank you for watching this video again I'm Stephen Thrasher and I invite you to download the free report that comes along with this video by clicking on the box that's above below wherever it appears on your device and I do hope you'll consider contacting us

Thanks for your comment Rafaela Journot, have a nice day.
- Ruthanne Sperdute, Staff Member

you have an idea and now what do you do before you spend any money on a path to an attorney here are three things that you can do the best part about what i'm telling you is that these things don't cost much money they're designed to make the patent process affordable for you otherwise what you'll end up doing is hiring people to help you do things that you could have done yourself first at the very least you should do some sort of online search to see if someone else has already thought of your idea what i'm talking about is simply going to google and typing in a few keywords for example if you have a new wind resistant umbrella type those keywords into google then look at the images and see if your product is already out there if you find something then that's great you can move on to the next idea and you didn't have to spend any money on an attorney if you don't find anything and you really want to see if you could get a patent you could learn how to do the same search that the patent office does when they examine patent applications i put a link in the description below which directs you to a resource to help inventors like you do your own in-depth search second you should see if the market for your invention is huge and let me say it this way if you have to start calculating whether you're going to make a profit then it probably isn't worth spending money to get a patent once again i've put a link in the description below to a resource that will help you to figure out if your market is sufficiently large so that it's worth getting a patent third you may want to build a prototype even for simple inventions or ideas and you'd be surprised how much you'll learn about the product just by making a prototype it doesn't have to be fancy you can make it out of cardboard and tape just want to prove that the concept works and who knows you might even have further improvements as you make your prototype if you wanted to or if you needed it you could hire an engineer to build a 3d model and print it for you but if you do hire an engineer you want to protect yourself you should get the engineer to sign a non-disclosure agreement and an invention assignment agreement the nda or non-disclosure agreement keeps your idea secret you don't want them telling other people if they do your idea will eventually be dedicated to the public the invention assignment agreement makes sure that any improvement to your idea that they have as they build your prototype belongs to you you don't want them to make improvements to your idea which you don't know once again click the link in the description below to get the agreement that i normally give to my clients if you're ready to speak to a patent attorney feel free to contact me to schedule your consultation i'm a patent attorney engineer and author i've been doing this for 17 years after hundreds of granted patents hundreds of registered trademarks and speaking with thousands of inventors i'm confident that i can help you get a patent for your invention

Thanks Neamit your participation is very much appreciated
- Ruthanne Sperdute

About the author

Ruthanne Sperdute

I've studied political psychology at Kansas State University in Manhattan and I am an expert in pharmaceutical policy. I usually feel predatory. My previous job was fabric and apparel patternmakers I held this position for 12 years, I love talking about hydroponics and needle point. Huge fan of Tammy Hembrow I practice horse riding and collect pin-back buttons.