Finding The Right Patent Attorney

In today’s cut-throat marketplace, it is critically important to protect your invention. That usually means filing a patent application as soon as possible – and under the current patent law – before your competitors file to patent your invention. Finding the right patent attorney to help is just as important.

The patent application process is complicated. It can be confusing and frustrating for inventors to navigate the Patent Office requirements. In fact, the U.S. Patent Office itself even tells inventors not to attempt the complex process of filing a patent application on their own. The Patent Office even says “While a patent may be obtained in many cases by persons not skilled in this work, there would be no assurance that the patent obtained would adequately protect the particular invention.”

Instead, it is important to work with a qualified patent attorney. Otherwise, you could lose important legal rights to your invention.

If you have an invention, it’s time to talk to a patent attorney right away!

Need for a patent attorney. . .

Some inventors simply do not have the money to hire a patent attorney and will attempt to file their own patent application. The Do-It-Yourself patent application is almost always a bad idea. Mistakes are common. At best, the do-it-yourself filer ends up hiring a patent attorney to correct the mistake. This often costs more than it would have cost to hire a patent attorney from the start. At worst, it is too late to correct the mistake. The inventor loses some or all rights to patent their invention. Learn about one common mistake in our patent attorney video.

What are your options when it comes to hiring a patent attorney?

1)  Hire a large general practice law firm with a patent attorney on staff.

Most large corporations and some well-financed start-ups can afford to hire a large law firm. Patent attorneys at big law firms may charge $500/hour or more. Add to this that big law firms typically charge not only for their attorneys, but also for their paralegals, administrators, etc. And some big law firms charge for overhead (copies, phone calls, mailings). It adds up fast, and you can quickly be staring at a legal bill for tens of thousands of dollars. Unfortunately, most inventors and small businesses cannot afford to hire a big general practice law firm.

2)  Work with a medium-size patent law firm.

Medium-size patent law firms may charge less than a big general practice law firm. But these law firms still typically have one or more senior attorney who oversees a staff of entry-level attorneys, patent agents, draftsman, and paralegals. In addition to being charged for everyone’s time on a project, it is often difficult to speak with the senior attorney who is busy coordinating other projects. When you do get to speak with the senior attorney, they often charge an hourly rate approaching that of a big law firm.

3)  Work directly with the right patent attorney.

A small patent law firm or individual patent attorney typically charges much less than most big law firms, and often charges less than senior-level attorneys at medium-size patent law firms. In addition, you can work directly with the patent attorney handling your case. When you have a question about your invention, your patent attorney will have a deeper understanding of your invention and your business goals, and therefore will be in the best position to give you sound advice.

What to expect from the right patent attorney.

Perhaps you have never worked with an attorney before. Even if you have, working with a patent attorney is different than working with other types of attorneys (e.g., personal injury, divorce, criminal law attorneys). Since you have probably never worked with a patent attorney before, here is a brief overview of what you should expect from an experienced patent attorney:

·       Professional insight from someone who understands the patent process. Filing a patent application is the first step in protecting your invention. Make sure to do it right.

·       Someone who understands your invention, including its strengths, differentiators, and opportunities to commercialize as a product.

·       Someone who can work collaboratively with your team.

·       Someone who takes an interest in your invention – but not an ownership interest. Compensate your patent attorney for providing services. But this should not include any compensation from the success of your invention.

Benefits of working with Trenner Law Firm. . .

·       An up-front total cost quote for what it will cost for your project. For example, a patent law firm should have a standard cost for a patent search and to prepare/file a provisional patent application.

o   At Trenner Law Firm, we offer all our services on a flat-fee basis.

·       There should be no hidden fees. If you are talking to other attorneys, be sure to ask if all costs are included. Some law firms will charge extra for their paralegal’s time on a project, phone calls to answer your questions, email communications with the client (that’s you!), etc.

o   At Trenner Law Firm, there are no hidden fees. We do not charge extra for any of the above.

·       Work directly with the patent attorney you hire.

o   At Trenner Law Firm you won’t be handed off to a staff attorney or patent agent.

·       The right patent attorney will answer all of your questions, quickly, and give you all of your options so that you can make informed decisions.

o   Trenner Law Firm responds to client inquiries by phone or email as quickly as possible. It is our policy to try and respond within one business day, and often we will get back to you the same day.

Making the decision to invest a large amount of time and money to protect your invention so that you can take it to market is challenging. But hiring the right patent attorney doesn’t have to be a daunting task.

If you would like to learn more about having a patent attorney on your side, give us a call at (720) 221-3708, or Email Us. Or start today by visiting our online patent law firm.

Professional Patent Search Saves Time and Money

In today’s competitive landscape, it is crucial to act fast and protect your invention with a patent. But filing a patent application can be expensive. And if you file a patent application for an invention that already exists – you will quickly learn that that you have wasted your time time and money that could have been better spent taking a different product to market. Fortunately, a patent search can tell you in advance whether you should pursue a patent for your invention.

Let’s look at some ways a professional patent search saves time and money.

Need for a professional patent search . . .

Most inventors believe that their patent does not already exist, simply because they have never seen it. Sometimes, an inventor will ask their close friends or family for confirmation. If no one they ask has seen the product, then the inventor (often incorrectly) assumes that their invention does not already exist.

Have you ever noticed that when you buy a new car – all of a sudden you see that car everywhere you go? No, everyone did not run out and purchase the same car you just bought. What you are experiencing is familiarity. Companies rely on familiarity (or brand recognition) to sell products to you every day. In other words, before you purchased your car, you may not have been familiar with that type of car and so you did not think about that car. Because it was not forefront in your thoughts, you did not “see” that car (even though it was probably all around you). But after purchasing your new car, it is now front and center in your thought (it is familiar). So everywhere you look, now you notice your type of car.

The same thing happens with inventions. When you ask your friends or family if they have seen anything like it – their answer will almost always be “no.” But that’s because they have not been looking for it. So just because your and your friends and family have never seen anything like your invention, that is not confirmation that it does not already exist.

So how do you avoid filing a patent application for an invention that already exists? Do a patent search.

What are your options when it comes to a patent search?

1)  Free Internet Search.

Everything can be found using Google, right? While it is generally a good idea to do a general internet search (Google or other favorite search engine, Amazon.com, etc.), this is far from conclusive. At best, you find that your invention already exists. At worst, you don’t see your invention and mistakenly believe that it does not already exist. Thinking of doing your own patent search? Watch this patent attorney video first to find out if that is a good idea.

2)  Check Free Online Patent Databases.

There are several free online patent databases. Google Patents is perhaps the easiest. But this database is not updated regularly. Other free databases include the US Patent office patent databases (be sure to search both published applications and issued patents). You can also use the European Patent Office  (ESPACENET patent database) to search pending and issued patents in other countries. Unfortunately, these databases are difficult to navigate and it is easy for the inexperienced inventor conducting his or her own patent search to miss important patent documents.

3)  Get a professional patent search through a patent attorney.

A patent attorney typically works with a professional search firm. The search firm conducts the patent search and provides the relevant references to the patent attorney. The patent attorney evaluates the references based on an understanding of both the invention and the patent law. A good patent search also includes an opinion letter that explains why your invention can be patented, or whether your invention is not a good candidate for filing a patent application.

What to expect from a professional patent search.

If this is your first time inventing something, here is a brief overview of what you should expect from a professional patent search:

·      A thorough search of a trusted patent database.

·       Professional analysis by an attorney who understands the patent laws and has worked with Examiners at the US Patent Office to get many patents issued for other clients.

·       A full written opinion discussing the merits of your invention, including all differentiators and what makes your product unique.

·       Copies of all pertinent references found during the search so that you can confirm the attorney’s recommendation.

·       A fair price.

Benefits of a professional patent search . . .

·      The patent search may reveal other products that you were not already aware of.

·       A professional search firm will be able to zero in on features of your invention that might already be described in other patents – even if those patents are for different types of inventions.

·       A patent attorney can determine whether there are any features of your invention that might be patentable.

·      Determine whether you are wasting your efforts trying to patent something that already exists.

·      Find out if  your invention is so close to something that already exists that the Examiner would likely reject your patent application.

The patent process is a big investment of your time and money. Make sure you’re not wasting your time or money trying to patent an invention that already exists.

If you would like to learn more about having a patent attorney conduct a professional patent search for your invention, give us a call at (720) 221-3708, or Email Us. Or start today by visiting our online patent law firm.

How Provisional Patent Application Can Protect Your Invention

It is crucial to protect your invention if you want to compete in today’s marketplace. That means getting a filing date with the US Patent Office right away so that your competitors don’t get rights to your invention before you. Fortunately, there is a fairly quick and relatively inexpensive way to do this.

Let’s look at how a provisional patent application can protect your invention without costing thousands of dollars.

Need for a provisional patent application. . .

Some inventors simply do not have the money to hire a patent attorney and will attempt to file their own patent application. The Do-It-Yourself patent application is almost always a bad idea. Mistakes are common. At best, the do-it-yourself filer ends up hiring a patent attorney to correct the mistake. This often costs more than it would have cost to hire a patent attorney from the start. At worst, it is too late to correct the mistake. The inventor loses some or all rights to patent their invention. Learn about one common mistake in our patent attorney video.

What are your options when it comes to filing a provisional patent application?

1)  Mail a description of your invention to yourself (DO NOT DO THIS!!!).

Sometimes called the “Poor Man’s Patent” – this never was a good idea. Basically, people thought if they could show a record of prior invention that they could file a patent application someday in the future (for example, when they have more money), and get a patent. While the US Patent Law used to be a first-to-invention, this approach was still fraught with pitfalls and many an unwary inventor lost some or all rights to their invention by doing this. But today, it is even more critical that NO ONE EVER DO THIS again. In 2013, the US Patent Law changed to a First-To-File system. That means – whoever files their patent application first – regardless of whoever else may have invented it before that – will get the patent. You will lose rights to your invention if you are ‘Second In Line’ (so to speak) at the Patent Office. Learn about this common mistake in our patent attorney video.

2)  Pro Bono Patent Programs.

Not everyone can hire a patent attorney. There are pro bono programs for inventors who qualify. See this article in the Denver Post. But there are strict income requirements. I volunteered with Mi Casa in the past, and it is a great program run by great attorneys Please contact them if you think that you might qualify. (Disclaimer – I do not currently participate as I have other volunteer commitments at this time). But this program is truly intended to help low income applicants, and not anybody who doesn’t want to spend the money to hire a patent attorney.

3)  Do-It-Yourself (DIY) Patent Application.

There is no requirement that you hire a patent attorney to file a patent application for your invention. You are allowed to file a patent application on your own behalf. But this is almost always a bad idea. The patent process is complicated, and seemingly simple mistakes can mean losing all rights to your invention. Even the US Patent Office warns against trying to file your own patent application.

4)  Work with a patent attorney to file a provisional patent application.

An experienced patent attorney can prepare and file a provisional patent application for you fairly quickly and relatively inexpensively. A patent attorney understands the legal requirements to write a comprehensive patent application that will protect your legal rights to  your invention. In addition, a patent attorney can advise you regarding when to file a full utility patent application and any foreign filings (filing a patent application outside of the U.S.).

What to look for when filing a provisional patent application.

If you are reading this, you likely have never filed a provisional patent application before. Here is a brief overview of what you should expect from your patent attorney when filing a provisional patent application.

·       Legal advice from an experienced patent attorney who understands the patent process.

·       Someone who understands your invention, and how best to describe important features you want to protect.

·       An opportunity to review and comment on the provisional patent application before it is filed.

·       An overview of all important deadlines once the provisional patent application has been filed.

Benefits of filing a provisional patent application. . .

·       A filing date with the US Patent Office. This ensures that you will receive the benefit of the First-To-File patent law if someone else files for the same or similar invention after your filing date.

·       You can publicly disclose your invention after filing a provisional patent application, without losing any rights to file a utility patent application in the U.S. Some countries do not recognize the provisional filing date – you will need to file directly in those countries before you publicly disclose your invention.

·       Most foreign countries will recognize the filing date of your provisional patent application if you decide to file outside of the United States. Certain deadlines apply, so be sure to check with your patent attorney if you want to file outside of the U.S.

·       The provisional patent application is a property right. You can sell or license your invention and rights to the provisional patent application once it has been filed at the Patent Office.

 

Developing a product and bringing it to market can be challenging. But protecting legal rights to patent your invention doesn’t have to be.

If you would like to learn more about having a patent attorney file a provisional patent application for your invention, give us a call at (720) 221-3708, or Email Us. Or start today by visiting our online patent law firm.

Online Patent Law Firm | Licensed Colorado Patent Attorney

Online Patent Law Firm

Trenner Law Firm offers an online patent law firm option. The process is simple, and you get the same great service we provide to all of our clients. Click here to apply for our online patent law firm.

Let’s look at how you might benefit from our online patent law firm.

What are your options for working with a Patent Attorney?

Work with an “old fashioned” brick-and-mortar law firm.

In the days before the Internet became a household utility, you had to go to the attorney’s office whenever you needed legal help. Most attorneys are slow to change, and so most law firms still exist in their brick-and-mortar format. So if you still want to go visit an attorney at their office, there are plenty of options.

Keep in mind, however, that working with the “old fashioned” brick-and-mortar law firm likely means that you have to go there every time they need to meet with you. And again when they need to go over something with you. And again when they need you to sign papers.

Work with a Discount Legal Services Provider.

Discount legal service providers are becoming more commonplace. You’ve probably seen the late-night commercials for discount legal service providers. Or the so-called “Invention Promotion” companies. It’s important to keep in mind that only a registered patent agent or patent attorney can file a patent application on your behalf. Many discount legal service providers and Invention Promotion companies farm out their legal work. Often to low-cost patent agents and low-cost patent attorneys. Sometimes you don’t even know who you are working with.

Enough said. Just beware. The US Patent Office warns inventors about scams on their website.

Work directly with a patent attorney through an online patent law firm.

A few law firms have advanced into the 21st Century, and now offer an online patent law firm option. Trenner Law Firm is a pioneer in the online patent law firm. We started an online patent law firm option in 2004 when we first opened our doors. We’ve evolved our systems and processes. Today we use leading edge and trusted technologies to provide a world-class online law firm experience.

In addition to 24 hour – 7 days a week access to our online law firm, clients also get free phone and email support for any project we are handling.

And if a meeting is required, Mark Trenner is available on a limited basis to meet in person with clients in Denver West (Golden – Lakewood) in Colorado. Conference rooms are provided through Office Evolution on an as-needed basis. Trenner Law Firm does not maintain a physical office here — no drop-ins, please.

Why work with an online Patent Attorney?

Don’t you hate having to schedule an appointment? It seems like you schedule the appointment and put it on your calendar. Then a few days or a week or two later it pops up. Forgot about that one, didn’t you. Didn’t really need another appointment this week. So you either call and reschedule the appointment, or you bite the bullet and make the appointment. And why are attorney offices always downtown in the big city? Now you have to drive downtown. Never mind that you have to leave an hour before your appointment in case there is traffic. And still leave enough time to find parking. Oops, forgot that you have to pay for parking downtown.

What a hassle!

Wouldn’t it be better if you could handle everything from the comfort of your own home or your office? On your schedule – day or night. Whatever works best for you.

You can, if you work with an online patent attorney.

Fortunately, Trenner Law Firm offers an online law firm option. We know what it’s like to have a hectic schedule. You certainly don’t need any more appointments on your calendar. And Trenner Law Firm has been delivering quality legal services to our clients now for over 10 years. The process is simple. And you will get the same great customer service that we provide to all of our clients.

What you can expect from an online Patent Law Firm.

Perhaps you have never worked with an attorney before. Even if you have, working with an attorney through an online patent law firm is different. Since you have probably never used an online patent law firm before, here is a brief overview of what you should expect:

·       The same level of professionalism and legal advice you would expect from a traditional attorney office (the “old fashioned” brick-and-mortar law firm).

·       Solid legal advice and quality representation during the entire patent process – from patent search to filing a patent application to patent issuance.

·       Timely updates on the progress of your patent application and any correspondence from the US Patent Office.

·       Access to your patent attorney – whether by phone, video conference, or email.

Benefits of the online Patent Law Firm Option

·       The same level of professionalism, legal advice, and customer service you would expect from a traditional attorney office (the “old fashioned” brick-and-mortar law firm).

·       Learn about your options when it comes to protecting your invention – on your schedule – from the comfort of your home or office.

·       Start a project with your attorney, review and sign paperwork, and get electronic copies of your file – at any time – all without having to schedule an appointment.

Scheduling appointments and attending meetings is time consuming. Fortunately, you have the option to work with a patent attorney  on your own terms – with our online patent law firm.

If you would like to learn more about working with a patent attorney through our online patent law firm option, give us a call at (720) 221-3708. Or start today by visiting our online patent law firm.