Frequently Asked Questions

A patent agent is licensed by the USPTO to prepare and file patent applications, just like a patent attorney. The main difference is that patent attorneys handle legal matters such as lawsuits, while patent agents focus entirely on the patent application process. In fact, when it comes to the work of actually writing and filing your patent application, a patent agent and a patent attorney perform the exact same job.

Many of the top patent writers in the world never became an attorney. I have a deep appreciation for the craft of patent drafting and working closely with entrepreneurs. To write a killer patent, you need a combination of technical writing skills, industry & market awareness, and business sense. I believe that patent drafting is truly an art form.

A utility patent protects how an invention works, including its function, structure, or composition. It is the most common type of patent and lasts for 20 years from the filing date. Utility patents cover things like new machines, processes, chemical compositions, and improvements to existing inventions. If your invention does something new or does something in a new way, a utility patent is likely what you need.

A design patent protects the ornamental appearance of a product, meaning how it looks rather than how it works. Design patents last for 15 years from the date they are granted. They are a good option when the visual design of your product is distinctive and you want to prevent competitors from copying that specific look.

A good example of this is the circular home button on an iPhone. Apple patented this with a design patent. That's why you didn't see that home button shaped the same way on Samsung phones.

Patent claims are the legal boundaries of your patent. They define exactly what your invention covers and what is protected. Think of them like the property lines on a deed. Everything inside the claims is yours, and everything outside is not.

A patent application can have multiple claims, and each one describes a specific aspect of your invention. The claims are the most important part of your patent because they determine what competitors can and cannot copy. Writing strong claims requires a balance between being broad enough to provide real protection and specific enough to hold up against existing inventions.

The detailed description is the section of your patent application where you explain exactly how your invention works. It covers the structure, function, materials, and any variations of your invention in enough detail that someone with technical knowledge in your field could build it. This section is also where your drawings and figures are referenced and explained.

The USPTO requires that the detailed description fully supports your claims, so everything you claim must be backed up by what you describe. A well-written detailed description strengthens your claims and makes your patent harder to challenge.

To patent your idea, you need to file a patent application with the USPTO that describes your invention in detail. The process typically starts with a patent search to see what already exists, followed by filing either a provisional or non-provisional patent application. You do not need a finished product to file. A detailed concept with drawings or sketches is enough to get started.

Yes, you can patent an idea without building a prototype. The USPTO requires that you describe your invention in enough detail that someone skilled in the field could make and use it, but you do not need to have a physical product. Many patent applications are based on detailed sketches and written descriptions of their invention, even though a physical prototype of the invention hasn't actually been built yet.

A provisional patent takes effect immediately after filing and lasts for 12 months. You can think of a provisional patent as a placeholder. It should be written accurately and describe your invention, but its main purpose is to lock in your earlier filing date and buy you up to one year to file your non-provisional application for full protection.

It typically takes 2 to 3 years after filing a non-provisional application to receiving a granted patent. A provisional patent application can be filed in a few weeks, giving you "patent pending" status while you prepare your full application. The timeline depends on the complexity of your invention and how busy the USPTO is with applications in your technology area.

An office action is a written communication from a USPTO examiner about your patent application. It usually contains objections or rejections that need to be addressed before your patent can be granted. Getting an office action is normal and expected. Most patent applications receive at least one. It does not mean your patent has been denied. It means the examiner has questions or concerns that you can respond to.

No, you do not need a granted patent before you start selling your product. However, you should file at least a provisional patent application before any public disclosure, sale, or offer for sale. Filing first protects your ability to get a patent later. Once filed, you can mark your product as "patent pending" while you sell and continue the patent process.

A provisional patent application costs $900 as a flat fee through Amber Patents, and a non-provisional patent application costs $2,000. These prices cover the professional drafting and filing of your application. There are also government fees paid to the USPTO, which vary based on entity size. For small entities like the clients I serve, USPTO fees are typically ~$100 to file a provisional and ~$400 to file a non-provisional.

Yes, patent licensing is one of the primary ways inventors monetize their patents. Once your patent is granted, you can license the rights to one or more companies in exchange for royalties or a lump sum payment. Licensing lets you earn income from your invention without manufacturing or selling the product yourself. The strength and scope of your patent claims will determine how valuable a license agreement can be.

I work with inventors located anywhere in the world, as long as the patent application is being filed with the US Patent and Trademark Office (USPTO). Our communication will happen over email, phone, text messaging, or video calls.

I specialize in physical products and hardware inventions, including consumer goods, mechanical devices, medical devices, wellness products, athletic equipment, vehicle safety systems, structural building components, and fluid handling systems. My background in chemical engineering also means I am comfortable with process inventions and formulations. If software is part of your invention I can incorporate software claims into your application, but I prefer to assist with inventions that are not purely software based.