Guiding Inventors, Startups, and Small Businesses Through the Patent Process

A patent agent is registered with the U.S. Patent and Trademark Office (USPTO) and specializes in preparing, filing, and prosecuting patent applications. Prosecuting a patent application means working with the USPTO after your application is filed, responding to examiner questions, clarifying claims, and making adjustments so your invention has the best chance of being approved. We guide inventors and businesses through every step of protecting their innovations, from the initial idea to a strong, defensible patent.

The patent application process typically involves conducting a patentability search, drafting the application, filing it with the U.S. Patent and Trademark Office (USPTO), responding to any office actions, and ultimately securing the patent. An office action is a written communication from the USPTO examiner reviewing your application. It may point out issues, ask for clarifications, or suggest changes before the application can move forward. Think of it as feedback from the patent office, a chance to address questions and strengthen your application. Each step requires careful attention to detail and professional expertise to ensure your innovation is protected effectively.

A patent search (also called a prior art search) is a review of existing patents and published inventions to see if your idea is truly new. In plain terms, it’s like checking if someone else has already claimed your invention before you invest time and money in filing. This search helps identify risks, guides how your application should be written, and can save you from surprises later in the process.

Yes. A patent search looks at existing inventions to see if your idea is novel enough to qualify for a patent. It is like checking if someone else has already claimed your idea or made it public. Doing this search upfront can save time and money by avoiding applications that are unlikely to succeed.

If a patent search shows that your idea is too similar to existing patents, don’t worry. It doesn’t mean your innovation has no value. An unfavorable search means there may be obstacles to getting a patent exactly as you envisioned. The good news is that this information helps you make smarter decisions: you can refine your invention, adjust the claims to highlight what’s truly unique, or explore other forms of intellectual property protection. Think of it as early feedback that saves you time, money, and effort before filing with the USPTO. A thorough patent search is about reducing surprises and giving you a clear roadmap for the best way to protect your innovation.

A freedom to operate search is a way to check if your product or invention might accidentally infringe on someone else’s patent rights. It’s like making sure the road is clear before you drive. You want to know if there are any “patent roadblocks” that could stop you from selling or using your idea.

On average, the process takes 18–36 months after filing, depending on how complex your invention is and how busy the U.S. Patent and Trademark Office (USPTO) is. Some applications move faster, while others may take longer.

Submitting a patent application to the U.S. Patent and Trademark Office (USPTO) is quick once everything is prepared. The actual electronic filing can be done in a single day. The part that takes time is conducting a patent search and drafting the application itself, which means writing a detailed description of your invention, creating drawings if needed, and carefully crafting the claims (the legal definitions of what your patent protects).

For most inventions, drafting can take 2–6 weeks, depending on the complexity of the technology and how much information you already have ready. Simple mechanical inventions may be on the shorter end, while software, electronics, or multi‑component systems often require more time to capture all the details. Think of it like writing a very technical instruction manual combined with a legal document. It needs to be thorough, precise, and clear enough for both engineers and patent examiners to understand.

So while the “submit” button is fast, the preparation leading up to it is where the real work happens, ensuring your application is strong and ready for review.

Rejections are very common and don’t mean the end of the road. An office action (the USPTO’s written feedback) may point out issues or ask for clarifications. We prepare detailed responses, talk directly with the examiner when needed, and adjust the wording of your application strategically to keep it moving forward.

Role of a patent agent

A patent agent focuses exclusively on helping you secure patent protection: evaluating which ideas are worth pursuing, preparing and filing applications, and advising you on which patents to maintain or let lapse over time. This focused scope often makes patent agents a more cost‑effective option for inventors and businesses who primarily want to obtain a patent and manage their patent portfolio.

When a patent attorney is helpful

Patent attorneys provide all of the same USPTO representation services as patent agents, and in addition, can handle broader legal work such as drafting IP‑related contracts, licensing agreements, or representing you in litigation to enforce or challenge an active patent in court.

Because of this expanded scope, patent attorneys are typically more expensive and are often most valuable when you move beyond obtaining a patent into disputes, complex transactions, or enforcement strategy.

Not necessarily. Both patent agents and patent attorneys are registered with the USPTO and can help you prepare, file, and communicate with the patent office.

The difference is that patent attorneys often have higher fees, but can also handle broader legal matters, like contracts or litigation (going to court to enforce or challenge a patent).

Patent agents focus exclusively on obtaining patents and are a great fit if your main goal is to secure patent protection. Many inventors start with a patent agent for filing and strategy, and only involve an attorney if court action or broader legal issues arise.

A non‑provisional application can result in an issued patent that is defensible in court.

Optionally, you can also submit a provisional application, which secures an early filing date and lets you mark your invention as “patent pending,” but it never becomes a patent on its own. You have a year from the date it is submitted to file the non-provisional application. It is like calling “dibs” before you submit the non-provisional application for review.

The timing of submission is important for patentability, which is why some may choose to submit the optional provisional application.

A provisional application is a temporary filing that establishes an official date with the USPTO. It is like calling “dibs” on your invention. You don’t need all the formal legal details yet, just a clear description of your idea. For this reason, provisional applications can be filed faster and are less expensive than a full non-provisional application (the formal version that can actually become a patent). This makes them especially useful for startups and small businesses that want protection without overwhelming budgets.

Once filed, you can legally mark your invention as patent pending. This signals to investors, partners, and competitors that you’ve already started the patent process, which can add credibility and deter copycats. A provisional application gives you up to a year to refine your invention, test the market, or raise funding before filing the full non‑provisional application. In industries like software, robotics, or AI, even a day’s delay can mean losing rights to someone else.

In short, filing a provisional application holds your place in line while you test the market, raise funding, or strategize.

Yes. We offer cost‑effective strategies, including provisional filings and phased approaches, to help startups protect their innovations without overwhelming budgets all at once.

While patents are granted country by country, we can coordinate with foreign associates and use the Patent Cooperation Treaty (PCT) to help you pursue protection abroad.

Yes. We regularly coordinate schedules and assist international clients in filing their patent applications in the United States. We also offer services in Spanish, which can be helpful for clients who are native Spanish speakers living internationally and prefer to speak in Spanish.

Simply schedule a consultation. We’ll discuss your goals, budget, and outline the best path to protect your intellectual property.