Has anyone hired a patent attorney before?

Question

I got an invention in my mind at the moment and have begun drawing the details of the invention (looks, design, uses, etc). Before I start the process of building it I want to have it patent.

Has anyone hired a patent attorney? How much did it cost? Are they that helpful? Is it possible to get the patent papers through the patent office and have a smiley face on it on the very first try?

Answer 1

I've filed for patents both with and without attorneys. The only advantage is that they can sometimes advise you about conflicting patents before you submit your plans. Otherwise, you can prep the application yourself very easily. The website www.uspto.gov has everything you need to not only research patents but to fill out an application.

A typical patent attorney on a straight-forward invention will run $5-8K. If it's complicated, it can easily run $20K or more. If you want someone to fill out the application, just use a patent filing service - there are several reputable firms online.

Answer 2

Hi,

I'm afraid that I have the opposite viewpoint to Fryemall, although of course I respect his/her opinion.

While it may indeed be possible to prepare, file and even get a granted patent, the value that such a patent would have if not professionally drafted may be questionable. Although using a patent attorney is certainly expensive, so is any lawyer, and would you try to purse a negligence claim yourself or write your own deeds for your house?

To explain further, what you are trying to do with a patent is to define your invention in the broadest way possible, while still satisfying patentability requirements such as novelty (never been done before) and inventiveness (not a trivial modification of what has been done before) and certain formal/legal requirements. A professional patent attorney will be able to define your invention as broadly as possible, while also ensuring other requirements are met.

I am assuming that you are based in the US, and so I cant help with costs (I only know costs for the UK). If you really cannot afford a patent attorney, then I guess doing it yourself is probably better than not doing it at all!

A couple of other things - you may be able to apply for registered design protection if your invention has a particularly unique shape, and you should also (and this is very important) not disclose your invention to anyone unless under a confidentiality agreement until you have safely filed a patent application.

Hope that helps. Good luck!