6 questions to ask before you hire a patent attorney

Can you describe the entire process to me, what the steps are, about how long it should take, and the approximate cost for each step?
Can you explain the difference between a provisional and a non-provisional patent and the advantages of choosing one over the other?
Can you explain what a design patent is and why I might need one?
Can you explain how to file international patents and what the considerations are?
Can you give me alternatives for protection of my product if I can’t get a patent for some reason?
What’s your success rate of patent applications resulting in issued patents?

No matter what the answers are, the professional should be able to answer all six of these questions.

At Gearhart Law we answer all of the questions above in our initial consultation, which is free of charge. In addition, many of our firm fees are ‘flat fees’, meaning you pay a set amount which is communicated to you before the process starts. You receive an engagement letter that clearly states the process and associated costs.

If you choose to work with an attorney who charges by the hour, make sure they give you a cost estimate, and if they need to exceed that estimate that they get your permission first.

About the Author

Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.