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What To Expect From Your Patent Attorney Consultation

Posted by Barry Choobin | Apr 25, 2024 | 0 Comments

Learn what to expect from an initial consultation with a patent attorney. An intellectual property (IP) consultation is an important first step to defend novel inventions, original ideas, and product development goals. These introductory sessions provide strategic advice and processes on how to secure legal patent rights. As a novel inventor yourself, you should know how to best prepare for this pivotal meeting with an experienced patenting attorney agent. Keep reading to learn what to expect from your patent attorney consultation.

Prepare To Describe Your Invention In-Depth

Prepare to describe your invention in-depth during the patent attorney consultation. Patent attorneys need a clear understanding of your invention for successful USPTO filing. Organize all the necessary information to clearly describe your invention – including the features, design, and overall working. During the first consultation, bring a few drawings to help your lawyer articulate your invention. If feasible, you may also showcase an initial prototype for a detailed discussion. Keep in mind a detailed discussion about your invention may increase the chances of USPTO patent approval. Indeed, your patent consultation will start with an in-depth discussion to describe your invention.

Have A Strategic Discovery Conversation

Next, the patent attorney consultation includes a strategic discovery conversation. Primarily, the discovery conversation emphasizes the unique details of your invention – deciding the patentability of your invention. During the strategic consultation, your attorney may decide the most suitable type of patent category. You may receive strategic patent guidance best suited for your business goals. Based on the initial discovery call, your lawyer may strategize for a comprehensive prior art search. In case a similar prior art search exists, the attorney might take a proactive approach to navigate potential legal hurdles. After the discovery conversation, you'll meet the attorney for a follow-up meeting to strategize for the next steps in the patent filing process. Certainly, prepare for a strategic discovery conversation during your consultation with an experienced patent attorney in New York.

Receive IP Protection Guidance & Advice

Expect to receive IP protection guidance & advice during the patent attorney consultation. With experience in various technical fields – your attorney may guide you with the best steps to play along the unique strengths of your invention. Whether you plan to license your product or sell the patent in future, you'll receive professional advice to protect your invention accordingly. In addition, your lawyer may review your invention and related technologies in detail to choose relevant claims for patent filing. Ideally, experienced patent lawyers suggest the most suitable claims for comprehensive IP protection. Certainly, the patent attorney consultation includes critical IP protection guidance and advice.

Walkthrough The Patent Filing Process

At this stage in patent attorney consultation, you'll get familiar with the entire IP filing process. A small mistake during patent filing may jeopardize the future of your invention. During the first consultation, lawyers help decide the necessary details to disclose your invention in the final draft. Your attorney may also walk you through the critical supporting documents, including oaths, declarations, and data sheets – required for a seamless patent filing. Next, you may receive guidance on relevant patent claims to successfully file your patent with USPTO. Based on your IP protection strategy, the lawyer will also discuss the overall patent filing fees. Indeed, expect a complete walkthrough of the USPTO filing process during the patent attorney consultation.

Uphold Confidentiality Through The Process

Expect complete confidentiality throughout the patent attorney consultation process. As per federal regulations, patent agents keep your business information confidential. These regulations protect both existing and prospective clients. In fact, you may even share critical invention details – without signing the non-confidentiality agreement. Even if you only need strategic guidance, advice, or directions, your attorney will keep your information confidential. Keep in mind some attorneys may treat the first consultation as non-confidential to avoid conflict of interest with other clients. Ask your lawyer beforehand about the confidentiality practices to avoid critical disclosures. Indeed, the best patent attorneys uphold confidentiality throughout the IP consultation process.

There's so much to expect from a patent attorney consultation. To start the consultation, prepare and organize the necessary documents – required to describe your invention. Next, get ready for a strategic discovery conversation where your attorney prepares a roadmap for the next filing process. Based on your individual business goals, you may also receive guidance and advice for comprehensive IP protection. Next, your patent lawyer will walk you through the entire filing process – including drafting, documentation, and required fee. These patent consultations are completely confidential – protecting your valuable information. Follow the points above to learn more about what to expect during the patent attorney consultation.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...

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