You’ve created something unique. Something that could change your industry – or maybe even the world. Now you’re ready to protect it with a patent, but meeting with a patent attorney feels like a big step. What should you ask? How do you know if you’re on the right track?

Don’t worry – we’ve helped countless inventors through this process, and we know it can feel overwhelming. Based on our years of experience, here are the key questions that will help you make the most of your initial consultation.

Understanding Your Innovation’s Potential

When you’re ready to meet with an attorney, a great first start is with questions about your invention’s patentability, such as:

• “What type of patent protection might be appropriate for my invention? Utility patent, design patent or trade secret”
• “What is your process to determine if my invention is truly novel?”
• “What should I consider about my invention before proceeding with an application?”

These questions help establish whether patent protection is the right path and what kind of protection you might need.

Timeline and Process

Understanding the journey ahead is equally crucial. Consider asking:

“What’s the typical timeline for obtaining a patent?”

This helps set realistic expectations, as patent prosecution can take several years, and knowing this upfront helps you plan accordingly.

“What are the major steps in the patent process?”

A good attorney will break down the complex patent process into manageable phases you can understand and prepare for.

Investment and Strategy

Money matters, so it’s important to be direct about costs. Don’t be afraid to ask your attorney:

“What are the typical costs involved from filing through grant?”

The answer should include not just attorney fees but also USPTO fees and potential costs for responding to office actions.

“Are there any strategies to manage costs while maintaining strong protection?”

This shows you’re thinking strategically about your investment while prioritizing good protection.

Protection Scope

Part of the overall patent process is also thinking about your business goals. It’s not unreasonable to ask your attorney:

“Should I consider international patent protection?”

If you plan to sell or manufacture overseas, this is crucial to discuss early.

“How broad of protection can we reasonably pursue?”

Understanding the balance between broad claims and the likelihood of approval is important.

Your Role in the Process

Filing a patent is a joint effort, so it’s important to clarify your responsibilities, such as:

“What information do you need from me to get started?”

This helps you prepare the right documentation and details.

“How can I best document my invention for the patent process?”

Getting guidance on proper documentation can strengthen your application.

Looking Ahead

There’s the old saying, “You don’t know what you don’t know.” So, don’t be afraid to ask your attorney to clarify some of those items that are more far off into the future, such as:

“What should I avoid doing that might jeopardize my patent rights?”

Understanding potential pitfalls early can save you headaches later.

“How can I commercially exploit my patent once it’s granted?”

This shows you’re thinking about the business aspects of your invention.

The Right Partnership

Finally, don’t forget to ask about the working relationship:

“How will we communicate throughout the process?”

“Who will be my primary contact for questions?”

These questions help establish clear expectations for the attorney-client relationship.

We’re happy to answer all these questions and more during your initial consultation. Remember, there’s no such thing as a “silly question” when it comes to protecting your innovation. Your questions show you’re serious about protecting your intellectual property rights, and we’re here to help you every step of the way.

Need help protecting your invention? We’re here to answer all your questions and guide you through the patent process. Call us today at (888) 666-0062 or click here to schedule your initial Discovery and Strategy Session online.

DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.