If you are in the process of developing a new invention or are exploring the possibility of protecting something you made with a patent, an important first step is to connect with a patent attorney. To prepare for this engagement, many business leaders ask, “What questions should I ask a patent attorney?” The answer to this can help you get the most out of the initial interaction to ensure your intellectual property is set on a strong path to secure the protection you need.

Working with a Denver patent lawyer to achieve this can help accelerate how quickly you achieve your patent goals. From national labs to different startup incubators, Colorado’s landscape is built for invention. Filing a strong patent is a crucial first step in the process of securing your ideas from competitors and attracting funding.

Questions to Ask a Patent Attorney

A quality patent attorney will certainly help guide you through this process, but asking informed questions can also help you ensure they are fit for the job.

Consider asking:

• Do you have experience with inventions in my field? Because patent law is extremely technical, some attorneys are known to be more informed on certain sectors like software, biotech, energy, or mechanical devices. If you are working with someone who already has a certain level of experience in your space, their understanding of the nuances can help increase your chances of success in the patent process.
• What type of patent do I need? There are many different patents available, such as utility and design patents. A qualified attorney in this space will be able to walk you through the different types of patents and explain which one might be the strongest fit for your needs and goals.
• What does the process look like, and how long will it take? Aligning on a timeline upfront is also great, so be sure to ask these questions to help manage your own expectations. From the initial filing to final approval, the process can take a while to complete. This is especially true if there are revision requests or a few rejections along the way.
• What will this cost me, and are there ways to help manage my expenses? The patent process can be a significant investment, especially if your journey involves revisions or international filings. Ask for as clear an investment as your lawyer can possibly predict, and if there are any aspects of the process that can be completed in different stages to help spread out costs.
• Will you also handle communications with the USPTO? Some law firms prefer to handle all correspondence with the USPTO, while others might prefer for their clients to be a little more hands-on in the process. You want to clarify expectations to ensure you understand your exact role in this process.
• How will you help me if my application is rejected? Rejects are not an uncommon experience in this process, and receiving one does not mean the end of the road. Ask your attorney how they typically handle these instances to be prepared for any outcome.

Why Colorado Is a Strategic Place to Patent an Invention

Colorado has had a reputation as a hub of innovation for many years. In fact, the opening of a USPTO satellite office in Denver was initially projected to generate nearly $440 million in economic activity in just five years. However, it’s even more than just this economic impact that stands out. The state’s tech ecosystem has also made Colorado a natural home for inventors.

For example, Broomfield County has ranked among the top in the country, with 1.484 utility patents per 1,000 residents in 2022. This statistic alone highlights the density of creative activity happening across the state. DOE-funded research is also strong in Colorado, being the recipient of many of the U.S. Department of Energy’s 36,000 funded U.S. patent projects between 1976 and 2023.

FAQs

Q: What Are Average Patent Attorney Fees?

A: What you spend on average for patent attorney fees will vary greatly for each inventor. Your patent’s level of complexity, its type, and your attorney’s level of experience are all contributing factors to what you will spend in the end. From an attorney’s standpoint, whether or not they prefer to be paid hourly or per service is a significant factor as well. Be sure to discuss this upfront before hiring an attorney to ensure they fit in your project budget.

Q: How Do You Choose a Patent Attorney?

A: Choosing who you want to be your patent attorney is not always an easy decision, but selecting one in your business area is usually a good start. For example, if your product is in the software industry, hiring someone who has already successfully helped others secure their software patent can be a strong signal to hire that attorney. It’s important to have someone who not only knows patent law but can also speak your business language.

Q: What Is the Hardest Question to Ask a Lawyer?

A: Many inventors struggle to ask their attorney if their invention is actually worth the time and effort to patent. It can feel like a vulnerable question, especially when someone has already invested so much of their time and effort to get the product to where it is. However, it’s important to remember that a quality patent attorney will be honest. It won’t serve you well to just hire an attorney who will tell you what you want to hear.

Q: How Do You Know if a Patent Attorney Is Trustworthy?

A: The most trustworthy patent attorneys are always upfront about costs and realistic outcomes. They won’t try to overpromise what they can accomplish for you or guarantee a specific outcome. In fact, if someone tells you they can guarantee your patent will be approved, this should be seen as a red flag. Rather, look for someone who is transparent about how they can help and will take the time to explain each step without making the process feel rushed.

Contact Four Reasons Legal Today

If you are looking to secure legal representation to help advance your patent request, contact our firm today. We look forward to learning more about how we can help take your innovation to the next level.