The Patent
Process
Patent and Trademark counsel for Founders and Inventors who treat IP like a business asset.
30+
years in practice
Author of the American Bar
Association’s official patent guide.
Our Patent Process
While no two patents are ever the same, the process to secure one generally follows the same flow. If you decide to move forward with us, here’s a likely timeline of what you can expect:
Discovery Conversation
You’ll start by speaking with someone on our project development team about your invention. During this conversation, we’ll explore if a patent evaluation makes sense for your goals.
You can book this by calling (718) 701-0700 or on our website, on a day and time that works best for you.
Patent Evaluation I: Kick-off Meeting
Patent Evaluation II: Prior Art Search
Patent Evaluation III: Findings
One option is to pursue a provisional patent application, which allows you to establish an early filing date on record —but it does not grant any legal protection for your invention.
This can be a good option if you are concerned others may steal your idea soon, but you need more time to finalize your invention.
One of our attorneys will prepare your provisional patent application — and we’ll have draftsman create your patent drawings.
Once the draft application has been prepared, you’ll review and approve it. After that, we’ll file your application with the US Patent and Trademark Office (USPTO).
It’s important to note that the provisional patent application is just an optional first step toward a non-provisional patent application, which provides true legal protection for your idea.
Please note that once a provisional application has been filed, you have 12 months to convert it to a non-provisional application. It takes about 3 months to convert a provisional patent application to a non-provisioinal patent application.
Another option is to file a non-provisional patent application, which entitles you to pursue legal action against anyone who infringes on your invention.
One of our attorneys will prepare your non-provisional patent application — and we’ll have draftsman create your patent drawings.
Once the draft application has been prepared, you’ll review and approve it. After that, we’ll file your application with the US Patent and Trademark Office (USPTO).
Watch Before You Start
Rich recorded a six part series covering what most people want to know before they file. Watch them in order, or jump to the one you need.
Legally speaking, a patent prevents others from infringing on your invention in the marketplace. But getting a patent can be complicated. That’s why we pride ourselves on smoothly guiding you through this process. In this video series, we’ll outline the entire patent process. We’ll clearly explain how we can help. We’ll also give you some tips that will position you for success in getting across the patent finish line.
Video 01 · 5:52
Before You Start a Patent Project
What to get in order before you spend anything on filing.
Video 02 · 5:09
Two Criteria for Patentability
The two tests every invention has to pass before it can be patented.
Video 03 · 2:51
Is Your Idea Novel and Non Obvious
How to tell whether your idea clears the standard an examiner will apply to it.
Video 04 · 7:28
Finding the Best Prior Art
What goes in with your application, and why strong prior art makes a patent harder to challenge.
Video 05 · 6:20
The Patent Process
The route from first filing through to a granted patent, and how long each stage takes.
Video 06 · 2:10
Common Questions Prior to Working With Us
The questions we hear most often about the process and about working with an attorney.
Find Out Exactly What Protection You Actually Need
In a free 15‑minute IP strategy call, we’ll:
- Review where you are in your business and product roadmap.
- Identify what should be protected now, what can wait, & what may not need protection at all.
- Outline clear next steps and flat‑fee options, if moving forward makes sense.
