The patent and trademark attorneys at Allen, Dyer, Doppelt + Gilchrist, PA, suggest ways to keep patent costs low, while recognizing that the complex patent process requires appropriate legal guidance to avoid risks and frustrations in the long run.

The cost of patenting an invention makes up a small part of the overall costs of commercializing it. If funding constraints exist during the patent protection stage, it is unlikely that inventors will be able to secure funding to bring their product to market.

Right off the bat, it is crucial that inventors have some form of finance to make their hard work worthwhile. Equally important is the understanding that obtaining a patent isn't going to be as cost-effective as inventors might like, and this is on account of seeking appropriate legal counsel. There's a reason patent law firms exist - to help inventors protect their ideas and avoid lawsuit infringements. The services of a patent attorney do not come cheap but they assure reliable documenting, filing and negotiating.

There are opportunities to keep the cost down but it may not be feasible for all inventors, or otherwise cause issues in patent protection. The patent and trademark attorneys at Allen, Dyer, Doppelt + Gilchrist, PA advise inventors to consider the following options in obtaining a patent without sky-high costs.

1. File a provisional patent

A provisional patent offers businesses the 'patent pending' bragging right on their website and social media pages, and in their business plan. It also establishes an early effective filing date, which is effective so long as the inventor can file a full patent application within a 12-month period of filing the provisional application. A provisional patent will cost inventors less than a full patent but is not without its risks. Should the invention evolve in design from the time the provisional patent application is filed, any significant deviation from the provisional patent may make protecting the invention challenging. There is also the fact that the provisional patent application, once filed, cannot be amended.

2. File a design patent

A design patent protects the exterior appearance of an invention, and not its functional features. If the appearance of the invention is itself its utility, then a design patent may be apt. A design patent is typically quicker and more cost-effective to obtain compared to a utility patent, which is a complete product or process with new and useful functional features.

3. Conduct a clearance search on their own

A patent clearance search is a process to find active applications or patents that may pose an infringement risk. It enables inventors to determine whether it is worthwhile to file a patent application and the protection they might get. The search requires special skills that inventors generally do not possess. There are companies that specialize in clearance searches. They don't cost much and also save inventors substantial time. Patent law firms have relationships with clearance search companies and can provide this service as a part of their overall patent writing and filing services.

4. Compare fees from patent and trademark attorneys

Offloading patent filing to attorneys is the best solution to minimize risk while keeping costs reasonably low. Fees and case costs of defending against infringement claims can reach hundreds of thousands of dollars. In fact, the United States Patent and Trademark Office (USPTO) recommends using a registered patent attorney for assistance in patent application preparation, in view of the complex laws, policies, regulations and procedures that make up the patent process. Inventors can compare patent law firms on fees, services and experience.

The patent and trademark attorneys at Allen, Dyer, Doppelt + Gilchrist, PA advise inventors against using online services that offer to file patent applications at low prices. The freelancers working for such services tend to lack the education and certification for the job. In the long run, working with a patent law firm is the best strategy for inventors.

About Allen, Dyer, Doppelt + Gilchrist, PA: The group of Miami intellectual property attorneys assists technology start-ups, inventors, entrepreneurs and small to mid-sized companies in realizing the value of their ideas. The firm provides guidance on the patent process, performs detailed patent writing, and negotiates patent rights.

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