You’ve invented something that you want to patent, and you’ve found a patent attorney who can file your application. Congrats! The next step is giving the patent attorney a description of your invention and then sitting back as they draft and submit the application, right? Well, not quite. Here’s how to work with your patent attorney as best as possible on the road to getting a patent.
The cardinal rule: cooperation and communication. You’re embarking on an iterative process that can span lots of meetings, drafts, and phone calls. In all other areas of law, it’s recommended to meet with different lawyers to decide who’s the best fit for you, and that holds true in patent law too. You can schedule initial consultations with several different attorneys to find the one you’ll work best with, which is crucial for a successful patent application.
Be an active participant in drafting the application. The better the information you give your patent attorney, the better your application will be. Tell them everything, even if it’s obvious to you – put yourself in the mindset of someone who knows nothing about your invention or the field it’s in. Even for an initial consultation, help your patent attorney understand every facet of your invention. Provide a variety of material ahead of time, such your writing about the invention, any drawings, the invention timeline, or even a prototype of the invention (as long as it’s not massive).
Your patent attorney may ask questions that strike you as unexpected because they don’t seem related to the application process. But anything they request is ultimately to ensure you’re creating a strong application, and details that are insignificant to you actually have a big impact. For example, you may be asked if you’ve demonstrated the invention at a conference or trade show. This matters because US patent applications have to be filed less than one year after an invention’s first public disclosure.
If any questions make you worry that you’re telling your attorney so much they could steal your invention, remember that licensed attorneys abides by a federal code to keep all information gathered from any prospective client or actual client completely confidential. What’s more, your patent attorney can draw out dimensions of your invention that you hadn’t even considered. They might notice that with a few changes, your invention could have other features and functions, leading to additional claims in your patent application and thus more protections.
