The difference between a good patent attorney and a bad patent attorney can be the difference between a valuable patent and a nice piece of paper to hang on your wall.

Valuable v. Wall Hanger

The difference between a good patent attorney and a bad patent attorney can be the difference between a valuable patent and a nice piece of paper to hang on your wall. Telling the difference between a good patent attorney and a bad patent attorney may be more difficult than it appears.

All patent attorneys have an engineering background. Most patent attorneys have a decent grasp on patent law. Most patent attorneys appear to be smart. Yet, any angel investor or institutional investor can tell you, not all patent attorneys draft good patents.

MOST IMPORTANT QUESTION

So what is the best way to distinguish between a good patent attorney and a bad patent attorney? Ask them one simple question: Do they own their own patents?

This simple question can provide a lot of insight. Think about it, would you want a chef who never tasted his own food cooking your dinner? Would you want an auto mechanic who only rides a bike working on your car? Of course not. Yet many patent attorneys have never filed a patent application for themselves and do not own any patents.

Always a reason

If you ask many patent attorneys if they have ever filed a patent application for themselves or own any patents, most will answer no. Now, attorneys are taught to think quickly on their feet and may give you a great sounding explanation why.

Inventive Enough?

They may say they are not inventive enough to create something worth patenting. They may say that they leave the inventing to the clients. Let’s think about the logic here. If the patent attorney is not inventive, do you really want them to help capture your invention and help you make sure competitors do not design around your invention?

Not worth the money?

Maybe your patent attorney does not think patents are worth investing in? If this is the case, then why are they charging you thousands of dollars to prepare your patent application?

Maybe they do not have the free time? If they do not have the free time to invent something, then how can they appreciate all the blood, sweat, and tears that goes into your invention? On the other hand, if a patent attorney has invested their time and money into their own patent, they understand what it is like to be a start-up or small business. The patent attorney understands that every dollar counts to a start-up or small business and that a patent is a big investment. The problem with a patent attorney who does not own his own patent is the same problem we have with Congress. When Congress spends other peoples’ money, they don’t really care how much they spend because it isn’t their money.

Cares about you

When a patent attorney that does not own a patent, they don’t care how much a client spends on a patent. When your patent attorney does own their own patent, they will be much more careful about how they charge you. They will make sure to be extra careful not to overlook anything or make mistakes because they fully understand the consequences to a deficient patent. A great patent attorney not only understands patent law and has an engineering degree, a great patent attorney understands inventing, running a business, and budgeting. The best way for a patent attorney to gain this understanding is to experience starting a business and investing in their own patent. So if you are looking for a great patent attorney, the first thing you should ask them is “Do you own a patent?” If the answer is no, move on to the next candidate. If the answer is yes, rest assured, you have found a great patent attorney.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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Going through the steps of getting a patent for the first time can feel a bit like exploring a jungle, you don't want to get lost.

The Steps To Getting a Patent

To get a patent, you will need to prepare a patent application and have it examined by the United States Patent and Trademark Office (USPTO). During examination, you may need to clarify with a patent examiner how your application is different and work with the examiner to reach an agreement regarding what your patent covers. If an agreement can be reached, the USPTO will grant your patent.

Initial Meeting With a Patent Attorney

Once you have come up with your invention and understand it well enough to explain it to another person, it is time to meet with a patent attorney. When you meet with a patent attorney, the attorney will sit down with you and have you walk him/her through your invention and how it works. Once the patent attorney understands the invention, he/she will get to work preparing your patent application.

Preparing a Patent Application

To prepare the patent application, the patent attorney will have formal drawings done illustrating your invention.

The patent attorney will also prepare a draft of the patent application that describes in full your invention and several variations of your invention. Once the draft is prepared, the patent attorney will work with you to make any clarification or changes needed to make sure your invention is fully described.

Submitting Your Patent Application

Once your patent application has been prepared and any necessary revisions made, the patent attorney will submit your patent application to the USPTO for examination.

Because of a backlog at the USPTO it can take anywhere from 18 months to 3 years before an examiner at the USPTO will examine your patent application.

Patent Application Examination

When the patent examiner examines your patents, he/she will determine whether it meets the standards of novelty and non-obviousness.

If the examiner believes the patent application meets these standards, he/she will grant your patent. If the examiner does not believe the patent application is novel or non-obvious, the examiner will issue a rejection (known as an office action).

Dealing with Rejection

If your patent application is rejected, your patent attorney will prepare a response to the rejection arguing why your invention is different.

Disagreement

If an agreement cannot be reached with the examiner, you may appeal the patent examiner's decision by escalating the case to have other examiners review the patent application. Alternatively, you may decide to no longer pursue the patent application, which is called abandonment.

Agreement

If an agreement can be reached with the examiner, the examiner will allow your patent and issue a notice of allowance. When the notice of allowance is issued, you pay a fee and are then the proud owner of a patent application. To maintain your patent for its full life, you will periodically have to pay maintenance fees to the USPTO.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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2. How Long Does It Take To Get A Trademark?

3. Why Are Patents Important?

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Patent Applications Are Long Detailed Documents. What Are The Different Parts Of Patent Applications?

Learn what a background section, a specification section, claims section, and figures are used for patent applications.

FIGURES, BACKGROUND, SPECIFICATION, CLAIMS

Each part of a patent applications serves a different purpose. When the parts are combined, all the parts make up a patent application that protect your invention.

Figures

The figures of a patent application illustrate the details of your invention. They show all the details of your invention so that another person can understand what your invention is. The figures include reference numbers to identify the parts of your invention that are discussed in detail in the specification.

Background

The background of a patent application describes the problem you are trying to solve or the technology you are trying to improve. It sets the stage to help an Examiner understand why your invention is unique and different than what is already out there.

Specification

The specification describes in detail all the parts of your invention. It teaches an Examiner how your invention is built or how it works. The specification also includes several different variations or embodiments of your invention so that competitors cannot simply design around your invention.

Claims

The claims are the heart of a patent. The claims define the limits of exactly what a patent does and does not cover. It is a list of the features of your invention that are necessary to build or use your invention.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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What is a Create-It-Yourself (CIY) patent as opposed to a Do-It-Yourself patent?

In short a Create-It-Yourself is when you get to do all the fun parts related to making something new

like designing the flames emblazoned on the side of your Mustang or choosing the exact ingredients in your gluten-free nutrition bars, without having to do the hard work of stencil painting or wheatless cooking yourself.

Recently I have been reading a book by Anthony Flynn and Emily Flynn Vencat titled Custom Nation. The book discusses how we are becoming a nation of customizers. We want everything customized from our build-it-yourself hamburgers and on-demand video streaming to our custom homes. The book shares, in part:

CUSTOM NATION

Before the Industrial Revolution, customization was the norm because we did everything ourselves, like cooking stews and sewing curtains. But today’s customization isn’t Do-It-Yourself (DIY), it’s Create-It-Yourself, or what I like to call CIY. Create-It-Yourself is when you get to do all the fun parts related to making something new.

The book makes a great point. While DIY forces you to do everything on a project, including the less than fun parts of the project, CIY allows you to just do the fun parts of a project.

The same principle applies to patents. As an inventor, in-house counsel, or applicant, you likely do not want to sit down and explain in minute detail every aspect of your invention. You likely do want to be involved in the overall process and building assets for your company. So what are some of the CIY aspects of the patent process that enables you to customize your patent?

Coming up with the idea

For most inventors, coming up with the idea and figuring out how to make it work is the most exciting part of an invention.

This is also a crucial part of the patent process because you have to know how your invention works to be able to explain it to others. You also get to figure out other ways people might design around your invention and protect against this.

Creating drawings of your invention

Provisional v. Non-Provisional Patent Application

If you are a start-up, a solo inventor, or just trying to decide if you want to invest in the preparation of a patent application, a provisional patent application is a great option. The provisional patent application is a cheaper option that holds your place for a year while you decide whether to invest in a full patent application. If you have already made up your mind and are ready to get going then a non-provisional patent application is the way to go.

Fast Track v. Normal Track

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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A good invention is rare. That flash of genius is fleeting so be ready to protect it when it comes.

A patent provides protection for your invention. To protect your invention, should you file a provisional patent application or a non-provisional patent application?

It’s All About The Priority Date

Before you go out and tell the world about your invention, find investors, and get your start-up launched, you want to make sure your invention is covered. A priority date is that date that you represent to the patent office as the day by which you created your invention. It lets everyone know that anyone that comes up with your invention or copies it after the priority date is infringing on your rights. You can establish your priority date two different ways. Either by filing a provisional patent application or by filing a non-provisional patent application. So what is the difference between a provisional patent application and a non-provisional patent application?

Provisional Patent Application

A provisional patent application is an informal patent application that can be prepared and filed at a reduced cost.

The provisional patent application temporarily holds your priority date for a year while you decide whether you want to invest a greater amount of time and money to prepare a non-provisional patent application. By the 1-year deadline, you must decide either to convert your provisional patent application into a non-provisional patent application or lose your priority date. Provisional patent applications are a great avenue for start-ups and small businesses with a limited budget that are trying to decide if they want to invest in a full non-provisional patent application. During the year time frame, you can also mark your invention as patent pending.

A word of caution

Some investors may largely disregard a provisional patent as having little value because provisional patents do not get examined by the patent office until they are converted into a non-provisional patent application.

If you are seeking investors for your start-up you may want to explore going straight for a non-provisional patent application.

Non-provisional Patent Application

Typically when you hear about patent applications, people are referring to a non-provisional patent application.

A non-provisional patent application is a formal patent application that includes drawings, a description section, and a claims section. It includes a full description of your invention with all the variations and designs. A non-provisional patent application puts your invention in the queue at the patent office for examination. The non-provisional patent application also allows you to mark your invention as patent pending. With a filed non-provisional patent application in hand, you can go out to investors to raise money or start selling your invention in the marketplace.

So which door should you choose?

If you are just getting started and am not sure whether your invention will be valuable or if you have a limited budget, file a provisional patent application. If you are looking for investors or are already committed to bringing your invention to market get a non-provisional patent application.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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2. How Long Does It Take To Get A Trademark?

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You have a great idea and you want to start a business. Then the worrying starts to set in. What if I work really hard, invest my savings, and then someone comes along and rips me off? What if a big company steals my idea? How do I protect my business? These are the common concerns any startup or small business has. Is the answer getting a patent?

Creating, developing, and producing a product is a big investment.

The old saying goes that it takes money to make money. This saying certainly holds true in the business world. Whether you creating the next iPhone/Android or starting a lawn mowing business, every new business endeavor takes a lot of time and money. You pour your blood, sweat and tears into your business. It is almost like another child joins your family. With such a large investment going into a business, the government wanted to provide a way for a business to recoup their investment and make a profit.

A patent is an exclusive right the government grants businesses to make, use, and sell a product for 20 years. A patent enables a business to stop others from taking their product, ripping it off, and calling it their own. At the end of the 20 years, the right ends and everyone can make and sell the product. The government grants this right to spur innovation and grow the economy.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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2. How Long Does It Take To Get A Trademark?

3. Why Are Patents Important?

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Patents can be a great asset or a money drain

Most inventors think they have come up with the next big thing. Some do and most do not. Before investing your life saving, take a minute to think about the best way to invest your time and money.

Salvation or Anchor

Most inventors believe they have come up with the next big thing. They believe that everyone will want to steal it. They believe that a patent is their ultimate salvation. Inventors will mail themselves postmarked letters, record phone calls, hire attorneys to draft disclosure agreements, and generally act paranoid. Too often, inventors never stopping to think about whether it's really worth it.

Should you go after the treasured paper with the gold seal from the patent office? Here are a few questions to ask yourself before you invest in intellectual property.

Patentable And Valuable?

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

Top Blog Articles

1. Cheapest Way To Get A Patent

2. How Long Does It Take To Get A Trademark?

3. Why Are Patents Important?

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