You’ve carefully chosen an intellectual property attorney and scheduled a consultation to discuss patenting your invention, which is a meaningful step toward protecting your work. But if you’re not clear on what to expect, how to prepare, or what questions to ask, it’s easy to feel uncertain going in. This guide walks you through what typically happens so you can arrive confident and make the most of your time.
What a Consultation Is All About
A patent consultation is a chance for the attorney to learn about you, your invention, and what you’re trying to accomplish. While they can’t determine in a single consultation if your invention is patentable, they can form an initial impression and identify what needs further exploration. Rest assured that anything you share is confidential; attorney-client privilege typically applies from the first consultation.
This meeting also serves as an opportunity to get to know the attorney and patent professionals you would be working with face-to-face and decide if they’re right for you. You can learn more about them, their communication style, and how they approach the patent application process.
For both of you, the goal is direction. You should leave with a clearer sense of how the process works, the strengths or weaknesses your application may face, and possible next steps. To accomplish this, it’s crucial to come to your consultation prepared.
What to Prepare (and Bring)
Bringing the right information and materials helps the patent attorney understand your invention quickly and give you more useful feedback from the start.
- A basic explanation of your invention: what it does, how it works, and what problem it solves
- What makes it different from anything similar you’ve seen
- Sketches, diagrams, or photos, even if they’re rough
- Any prior disclosures, such as sharing it online, discussing it with others, or offering it for sale
- Key dates, if you know them, like when you first created or disclosed the idea
- Results of any searches you’ve done for similar products or patents (helpful but not required)
The attorney will ask you plenty of questions about your invention, and you can come prepared with some of your own.
What to Ask During the Consultation
While an attorney-led consultation will naturally cover a lot of ground, the questions you bring help ensure you leave with the information that matters most to you. Coming prepared with a few key topics in mind makes the most of your time together.
Start with your invention:
- Do you see any immediate concerns with patentability?
- What factors will matter most in evaluating this idea?
- Are there any obvious risks or limitations at this stage?
Then focus on the process:
- What would the next steps look like if I move forward?
- How long does the process typically take?
- What decisions will I need to make along the way?
You should also ask about costs in a general sense:
- How are fees typically structured?
- When do costs usually arise during the process?
Finally, take the opportunity to understand how the attorney works:
- How do you typically communicate with clients?
- Who will be handling the work on my application?
- How involved will I be throughout the process?
These questions help you understand both your options and whether the attorney’s approach is a good fit for you. If all goes well, you’re ready for the next steps.
What Happens After the Consultation
In some cases, the attorney may recommend moving forward with a specific next step, such as a patentability search or preparing a provisional patent application. In others, you may be advised to refine your idea or consider whether pursuing a patent makes sense at this stage.
You are not obligated to proceed. A consultation is simply an opportunity to gather information and evaluate your options. Many people take time after the meeting to think through what they’ve learned before deciding how to move forward.
A consultation with a patent attorney doesn’t have to be stressful or overwhelming. With a little preparation, you will hopefully arrive with confidence and leave with a better understanding of the most strategic next steps toward patenting your invention.
Ready to take the next step with your invention? Get in touch with our team to schedule your consultation.
Published by Larson & Larson, a Florida-based intellectual property law firm protecting innovation since 1987.
