Do I Have to Have a Patent Search Done Before Filing a Patent Application?

A search and opinion is not required by law or by our firm, but it is strongly suggested. Without the search and opinion, the patentability and scope of an invention cannot be determined and what the applicant would be entitled to receive, in terms of patent scope, would be a wild guess. A mistake in the scope of a patent application (what is claimed in the application to be essential to the invention) can easily lead to a complete loss of any patent rights. No prior searching is a prescription for an expensive failure.

Do I Really Need a Patent Attorney?

Do I really need a Patent Attorney?

The success rate of inventors attempting to file their own patent applications is very low compared to the success in obtaining meaningful patent protection using an experienced patent lawyer. The reason being is that there are hundreds of pages of laws, rules, and interpretations, as well as a specific vocabulary covering the writing of a patent application that must be learned before writing a patent application. A rule or law can change overnight by the Supreme Court or by the U.S. Patent Office (USPTO). Patent attorneys are the only attorneys who must have a technical degree and then pass both a state and a federal patent bar exam before being allowed to practice patent law before the USPTO, before writing/prosecuting patent applications, before giving patentability opinions, and the like.  Therefore, unless you plan on studying patent law for a couple of years and before attempting to execute a process fraught with traps, complexities, and difficulties, it would be best to consult an expert, i.e., an experienced patent attorney (someone with at least 10 years of experience).

RTP Inventor’s Guild Monthly Meetup

(Temporarily Cancelled due to COVID-19)

Patent attorney Jim Passe organizes this monthly meetup. Join local inventors to discuss topics related to innovation and new products, such as how to protect your ideas, introduce them to the market, and get financing.

These are ongoing meetings to discuss issues relating to start-ups, new products, product protection in the marketplace, and the like. The goal is to help folks understand the invention process and gather the information they need. The meetup will last from approximately 7:00pm to 8:30pm.
Sign Up Here to Attend the RTP Inventor’s Guild Monthly Meetup