Every year, thousands of inventors and businesses create groundbreaking ideas. But without legal protection, those ideas can be copied, stolen, or commercialized by competitors. That is why securing a patent is one of the most important steps in turning your invention into a valuable asset.
While AI is great at a lot of things, it is not great at drafting patents. Even patent-specific AI platforms struggle with drafting a strong patent. Today’s AI is great at producing something that looks like a patent. Unfortunately, it will likely not be until you attempt to assert your AI-generated patent in court, that you will realize how ineffective it is. If you are wondering how to patent an idea, or whether you really need a patent attorney, this guide will walk you through the essentials.
What is a Patent?
A patent is a government-granted right that gives you the exclusive ability to make, use, and sell your invention for a certain period of time. In the United States, patents are issued by the United States Patent and Trademark Office (USPTO).
There are three main types of patents:
- Utility patents – Protect new and useful processes, machines, and methods.
- Design patents – Protect the unique appearance or design of an invention.
- Plant patents – Protect new and distinct plant varieties.
Why Work With a Patent Attorney?
While it is possible to file a patent application on your own, most inventors quickly discover that the process is far more complicated than it seems. A patent attorney can help you:
- Conduct a patent search to determine if your invention is new and non-obvious.
- Draft a strong patent application that meets USPTO requirements.
- Defend your invention if your patent is challenged or infringed.
- Avoid costly mistakes that could result in your patent being rejected or unenforceable.
Working with an experienced patent attorney ensures your intellectual property is protected from the start.
Common Questions About Patents
How long does a patent last?
- A utility patent typically lasts 20 years from the filing date, while design patents last 15 years from the date of issuance.
How much does it cost to patent an idea?
- The cost varies based on the complexity of the invention and USPTO filing fees. An attorney can help you budget effectively and avoid wasted expenses. The quality of patents varies from very weak to very strong. Strong patents typically start at around $10,000 to get them on file and another $6-7,000 to fight back and forth with the USPTO to get them granted.
What if someone is infringing my patent?
- A patent attorney can send cease-and-desist letters, negotiate licensing agreements, or represent you in litigation if necessary. While the cost of asserting a patent against an infringer is expensive, if your patent is strong, the infringement clear, and the damages sizable it is possible to engage an attorney to represent you on a contingent fee basis. In a contingent fee arrangement, if you win, the attorney receives a portion of the award. If you lose you do not have to pay any attorney’s fees.
Take the Next Step
If you are ready to protect your invention, now is the time to act. Patents are granted on a first-to-file basis and, if you do not file a patent application within one year of your first disclosure or offer for sale, you are no longer allowed to patent that invention.
Protecting Your Invention with Brett J. Trout, PC
At Brett J. Trout, PC, we specialize in helping inventors, entrepreneurs, and companies secure and defend patents. With decades of experience in obtaining patents through the USPTO and defending patents in court, we provide clear guidance from the first idea to the final patent grant.
Whether you are a startup, a growing business, or an individual inventor, we are here to protect what you have worked so hard to create.
Brett Trout Des Moines, Iowa (515) 288-9263
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