Questions, Answered
Frequently Asked Questions
Every question pulled from across the site, organized in one place — plus a few that only fit here.
General
Will I work directly with you, or get handed off to someone else?
You work directly with your attorney throughout — not a rotating team or junior staff.
Patents
What does "patent prosecution" actually mean?
It's the legal term for the process of getting a patent granted — drafting, filing, and responding to the patent office until a patent either issues or the process ends. It has nothing to do with criminal prosecution.
What if my invention doesn't fit a specific category?
That's exactly what the general patent practice is for. If your invention is a well-defined technical innovation, there's a good chance it's still a fit — reach out and we'll talk through the specifics.
What happens if my patent application is rejected the first time?
It's a normal, expected step — not a sign anything went wrong. We respond directly to the examiner and work with you on any adjustments to the claims.
Do I need to do anything after my patent is granted?
Just keep up with maintenance fees, which keep the patent active. We track those deadlines and let you know when payment is due.
Should I get FDA clearance before I file a patent?
Patent timing isn't tied to FDA clearance — the key trigger is public disclosure or sale. We can help you think through sequencing based on your product and funding timeline.
My invention is still a prototype. Is it too early to file?
Not necessarily. You don't need a finished, market-ready product — just an invention that's clearly defined enough to describe and claim.
Can I patent software if it's mostly a new interface?
Software patents generally need to show a specific technical improvement, not just a new interface — we can help evaluate whether your invention meets that bar.
Can I patent a machine learning model on its own?
Generally, the model itself needs to be tied to a specific technical application or improvement — not just a mathematical concept. We can help evaluate whether your invention meets that bar.
Pricing
Does the flat fee cover the entire patent process?
It covers your initial filing — the disclosure meeting, drafting, and submission to the USPTO. Anything beyond that is discussed directly and outlined in your engagement letter.
When do I pay?
Payment details are laid out in your engagement letter after your free consultation.
Trademarks
What's the difference between a trademark and a patent?
A trademark protects a brand identifier — like a name, logo, or slogan. A patent protects an invention. Many businesses eventually need both, but they're separate types of protection.
How long does trademark registration take?
It varies, but trademark applications generally move faster than patents, often clearing in just one or two rounds of back-and-forth with the trademark office.
Copyright
How is copyright different from a trademark or patent?
Copyright protects original creative or written work, like code or written content. A trademark protects your brand identity. A patent protects an invention. Many businesses eventually need more than one type of protection.
Why does registering my copyright early matter?
Registering promptly affects your options if someone infringes your work later — including the ability to pursue statutory damages and attorney's fees, which are often unavailable for infringement that happened before registration.