9 times out of 10, if I mention that I’m a registered patent lawyer to someone, three things happen:

• First, they get a huge smile on their face.
• Second, they immediately tell me that they have an idea that needs to be patented.
• Third, the heavens open up and spirited conversation ensues.

People get EXCITED about their inventions, hunty.

And I get it. Inventions are both validating and impactful (For example, just look at the Hairbrella!).

In addition, inventions can be patented in the United States and many other countries.

Patents give inventors more opportunities to raise capital, make sales, and grow companies.

But, to get a patent, you don’t just have to invent something. You have to convince the United States Patent and Trademark Office (“USPTO”) that the invention is worthy of protection.

The USPTO patent process can be long, expensive and complex. For instance, look at the USPTO’s *simplified* process flow chart:

Because of this complexity, most people should not file their own patent applications.

In short, you need an experienced patent lawyer or patent agent. Both are recognized as “patent practitioners” who can file and prosecute patent applications in the USPTO. The only difference is that a patent lawyer has a law degree and an agent does not.

No matter which you choose, finding a good patent practitioner can be hard.

Inventors make three common mistakes when searching for a patent lawyer or patent agent:

1. Waiting too long to schedule a consultation.
2. Allowing money to keep you from talking to a patent practitioner.
3. Choosing an unqualified person or scammy invention company.

This article shows you how to avoid these mistakes so that you can handle your business when it comes to your invention(s).

1. Don’t wait too long to schedule a consultation.

First, if you wait too long to consult with a patent practitioner, you’re (possibly) screwed.

New inventors should consult with a patent practitioner during the invention’s development phase. Ideally, this is after you’ve done enough to know there’s something there but before the invention is finished.

Above all, the United States (and every country) has specific filing rules that you must follow.

For example, once you’ve told people about your invention in a certain way, you have one year to file your patent application. No exceptions.

Patent practitioners can help you determine when and how to share information about your invention. In addition, a patent lawyer may also draft NDAs or other contracts.

But, if you wait too late, you could ruin your chance to get a patent.

Which leads to the second mistake I want you to avoid…

2. Don’t let money keep you from talking to a patent practitioner.

Aht aht…I know what you’re thinking…. “Girl I can’t afford a patent lawyer!”

If you googled it, you know the average cost of a patent in the U.S. from start to finish is about $50,000. That’s a lot of cash.

But, you don’t have to break the bank. For instance, most patent practitioners offer initial consults from $0 to a few hundred dollars.

Ultimately, scheduling the meeting is the easy part. The hard part is finding someone you trust within your budget.

This is why I’ve included a list of resources at the end of this article to help inventors find patent practitioners at all budget levels.

Most importantly, you’ll have to do your own research to find the right help. But, this will give you a good start.

This is a good segue to the final mistake I want you to avoid…

3. Don’t choose an unqualified person or scammy invention company.

First, let me just say that I’m not talking about any specific company, lawyer or agent.

The wrong lawyer, agent or service is worse than none at all. That is to say, if you haven’t hired anyone, at least you haven’t wasted thousands of dollars.

Sadly, unqualified *lawyers* can and do give terrible patent advice to people.

The patent system has historically excluded Black and brown inventors and other marginalized groups, and it is clear that people are desperate for this kind of information.

However, you can use your spirit of discernment and your research skills to root out bad advice.

Above all, take these three steps when doing your research:

First, search the USPTO’s database of patent practitioners.

This will help you determine whether a person is registered to file patent applications. Less than 36,000 of America’s 1.3 million lawyers are registered patent lawyers. In addition, there are less than 13,000 patent agents.

Registration requires a technical degree and passing an incredibly difficult exam (the pass rate is less than 50%). Consequently, the club is small. So, be wary of advice you get from someone who isn’t in it.

Second, search the USPTO’s patent database.

This allows you to see the scope and number of patents filed by people, companies and firms. Note that this database is dated and hard tough to navigate. However, the USPTO does offer some training videos and other resources to help.

Third, do detailed research on invention companies.

Like many people, you may consider working with an invention company. These are the services that advertise on TV, radio and in magazines. Pleeeease search the FTC and USPTO websites first for complaints and scam reports. Moreover, read the complaints and reports before making your final decision.

Whew. To sum up, there’s a lot that goes into choosing a patent practitioner. But, you must be careful when making your decision.

You’ll spend 1-2 years of your life reading and reviewing documents with your patent lawyer or patent agent.

Ultimately, if you choose the right person, you’ll end up with a patent that could open the doors for you and your company.

Do you still have questions about choosing a patent lawyer or patent agent? Let me hear from you in the comments below.

ADDITIONAL RESOURCES

1. First, some law school legal clinics are authorized by the USPTO to provide low-cost or free legal services to clients. Students work with experienced lawyers to do the work. There are +50 law school clinics certified to offer patent and/or trademark services. Find a legal clinic near you using this map.

2. Further, the USPTO Pro Bono Program gives free legal services to inventors and small businesses that meet certain financial thresholds and other criteria.

3. Moreover, a number of lawyer associations have intellectual property sections. I’m not sure whether the associations make referrals themselves, but they may be good starting points if you’re looking for certain types of patent lawyers. Here are some organizations to consider:

• American Intellectual Property Law Association
• Hispanic National Bar Association
• LGBTQ Bar Association
• National Association of Patent Practitioners (has a public directory)
• National Bar Association (the nation’s oldest and largest national network of predominantly African-American attorneys and judges)
• Women’s Intellectual Property Law Association