Patent Attorney Mark Trenner on KHOW AM 630

Mark Trenner is on KHOW again next week:

Wednesday, November 7th from 10:00 to 12:00

On AM 630 in Denver, Colorado.

What can a patent attorney do for me?

Inventors ask all the time “what can a patent attorney do for me?” This question is usually preceded or immediately followed with “can I file a patent application by myself?” Because these questions are related to one another, Denver patent attorney Mark Trenner answers both questions in this post.
Can you file your own patent application? Yes, you can file your own patent application. However, I don’t recommend inventors to file their own patent application. In fact, I strongly recommend that inventors DO NOT file their own patent application.
I have had too many inventors come to me after they have already filed their own patent application, who regret having done so. The patent application process is extremely complicated. Even after graduating law school and passing the patent bar exam, most patent attorneys spend years working under an experienced patent attorney before they are competent to prepare and file patent applications on their own.
So what can a patent attorney do for you? In addition to understanding what to say and what NOT to say in a patent application, a patent attorney can also help an inventor think through aspects of the invention that are important to include in a patent application, that the inventor may not have thought about on his or her own. For example, a patent attorney may ask the inventor how something works, or how something is connected. A patent attorney may also think of alternative ways of doing the same thing, that should be included in the patent application in order to avoid someone designing around the patent once it issues.
Most importantly, a patent attorney can help an inventor avoid mistakes – costly mistakes that often cannot be fixed after the patent application has been filed. If you file a patent application by yourself and make a mistake, the patent application may be invalid and the invention can even become public domain, where the inventor has absolutely no protection.
If you are thinking of filing your own patent application – stop – talk to a patent attorney first. If you already filed your own patent application, you should still contact a patent attorney as soon as possible to find out if any mistakes were made, and if so, whether the mistakes can be corrected or at least mediated.

Read Mark Trenner’s Post: Is My Invention Protected?

The next time someone tells you that patents are a waste of time, consider this.

The US Patent Office issued patent number 8,000,000 to Greenberg, et al. for a sight enhancement invention for people with retinal degeneration in August 2011.

The US Patent Office issued patent number 1 in 1836.  It took three quarters of a century (in 1911) for the US Patent Office to issue patent number one million. Nearly another quarter century later (in 1935), the US Patent Office issued patent number two million. Another quarter century (in 1961), the US Patent Office issued patent number three million. The US Patent Office issued patent number 4,000,000 in 1976; and patent number 5,000,000 in 1991. Patent number 6,000,000 issued in 1999, and patent number 7,000,000 issued in 2006.

It only took 5 years for the US Patent Office to issue patent number 8,000,000 in 2011.

Apparently, someone thinks patents are important. And if you’re not patenting your idea, chances are, someone else is patenting their inventions.

 

Here are a few sites you might want to be familiar with as a Colorado startup company or someone thinking of starting your own business, either full time or on the side:

Browse Colorado Biz magazine for a wide variety of different stories relevant to the startup community. You can also sign up for free daily email updates.

Check out Denver Business Journal for stories relevant to businesses of all sizes. Email alerts can be tailored to topics of interest.

Attend a meeting of the Davinci Institute in the Denver area to meet like-minded individuals and learn about a variety of topics of interest to those thinking of starting their own business, or already running their own business.

The Business Catapult offers services (some free) for entrepreneurs, such as gauging the attractiveness of your company to potential investors.

The Rocky Mountain Venture Capital Association holds regular meetings in the Denver area and helps connect investors and venture capitalists with startup companies seeking funding.

Blog post on Patent Infringement: Patent Attorney Denver

Disclaimer: General information only, not a recommendation or referral.

Colorado patent attorney Mark Trenner on KHOW Radio Denver August 17th, 2011.

If you have a small business and have some ideas for your business, you should consider contacting patent attorney Mark Trenner.

About Patent Attorney Mark Trenner:

Mark Trenner founded Trenner Law Firm, LLC in 2004 in order to have more flexibility helping individuals, entrepreneurs, and start-up companies protect their inventions and ideas for new businesses. Mark is registered as a patent attorney registered with the U.S. Patent Office. Mark has over 20 years experience helping clients navigate the path to patenting their inventions, offering clear advice and explaining options every step of the way. As both the attorney and owner of Trenner Law, Mark is able to provide personal service for all of his clients. And most patent services are offered on a flat fee basis so clients always know the total price up-front, before authorizing any work on a project.

Patent Attorney Interview Questions:

How does a viewer know if they should apply for a patent for their invention?

You can’t apply for a patent for something that already exists. So start with a prior art search. While you can do your own search online, a good prior art search is more than just a stack of references. A patent attorney can analyze those references and explain how your invention might be patentable, or not, so you can decide whether it is worth spending money on a patent application.

If the invention looks patentable, how soon should an inventor apply for a patent?

In the US, inventors have 1 year from any publication, public use, public disclosure, or sale or offer for sale of their invention in which to file a patent application. After 1 year, the invention is considered public domain. Of course, it is best to at least file a provisional patent application as soon as possible. In fact, some countries require that a patent application be on file before any public disclosure of the invention. A patent attorney can prepare and file a good provisional patent application for you fairly quickly and relatively inexpensively . . . so why wait.

Do inventors need to hire a patent attorney?

You can file your own patent application, just like you can represent yourself in court. But a patent attorney can help spot issues an individual inventor might miss. By the time the Patent Office Examiner raises these issues, it may be too late to correct some mistakes and an inventor can lose important rights to their invention. Mistakes that can be corrected, often end up costing more than if the inventor had just worked with a patent attorney from the beginning.

Aren’t patent attorneys expensive?

Some are. And there’s also the perception that cost is somehow tied to quality, as in you have to pay a lot for quality. But that’s not always the case. I have over 10 years experience helping clients ranging from individuals to large corporations protect their inventions with patents. Most patent services are offered on a flat-fee basis so clients always know the total price of a project up-front.

What if I don’t have time to come meet with you?

In addition to my traditional law firm format, I also offer an online option where everything is handled over the phone and via email. I’m also available through the online law firm by phone and email outside of normal business hours. Not only is this more convenient for the clients, but by not having to meet individually with all of my clients, I’m able to offer significant discounts through my online law firm.

Call today for a free phone consultation. Special discounts available through the online law firm option, with patent services starting as low as $250. Call or visit online today to learn more.

For more about our online patent attorney Denver and business services follow this link: Patent Lawyer Denver

Mark Trenner, patent attorney at Trenner Law Firm, was interviewed live for the radio show “Men Who Influence” on July 20, 2011. Listen to a recording of the interview archived over at blog talk radio.

Trenner Law Firm, LLC is an intellectual property and business law firm, with a main office in Evergreen, Colorado. Trenner Law assists clients throughout the greater Rocky Mountain region and across the United States with patents, trademarks, and copyrights.

You can learn more about the Trenner Law Firm at Patent Attorney Colorado

Are you still paying $10,000 (or more!) for your patent attorney to prepare and file a patent application for your invention? Pardon me while I sound like a teenager – but that is “so 90’s.”

I remember when I started working as a patent agent and then as a patent attorney in the late 1990’s and early 2000’s. The typical quote for preparing and filing a very basic US patent application was $8,000, plus costs to have a draftsman prepare professional drawings (translation – add another $500 to $1,000), plus government filing fees (translation – add another $500). Many patent law firms charged for long distance telephone calls, postage, copies, and support staff time. It was common practice for a single patent application to cost $10,000 or more. And I worked at small and medium size law firms.

This was back when dockets (code name for patent attorney deadline calendars) were usually written on paper calendars – or for the really advanced, using an Microsoft Outlook Calendar (or similar). Conflicts checks were maintained manually using 3×5 index card files – or again for the really advanced, using a Microsoft Word document (or similar).

Most patent attorneys barely understood how to use a computer, much less how to prepare their own drawings. The patent attorney would sketch out drawings using a pencil and paper and fax the sketches to their draftsman. The patent attorney still had their support staff taking dictation. Revisions were using a red pen and then returned to the draftsman or support staff to make updates. Some patent law firms still used type-writers!

Anything that had to be filed with the US Patent Office had to be filed using the US Post Office Express Mail Service, and the Express Mail envelope had to be taken to the US Post Office and signed by a postal employee. A postcard itemizing everything in the Express Mail envelope had to be included, so that a clerk at the US Patent Office could check off everything listed on the postcard to make sure it was actually included in the Express Mail envelope, and then mail the approved postcard back to the patent attorney.

If the patent attorney didn’t receive the approved postcard back within about one month, the patent attorney would have to follow-up with a written status inquiry to the US Patent Office. If the Express Mail envelope was never received, there was an entire process for proving the patent application was actually filed. Yes, this actually happened at least one time that I can remember. The process of proving we filed the patent application included getting an affidavit from the US postal employee.

Even when all went as planned, physical copies of everything had to be made for the client’s records, and for the client’s file at the patent attorney’s office. Then a formal cover letter had to be prepared (typically by the support staff and signed by the patent attorney after one or two revisions) on official stationary and mailed to the client via the postal service.

As you can probably tell, preparing and filing a patent application was a very time consuming process, and in order to pay for all this overhead and still make a living, the patent attorney had to charge $10,000 or more for a single patent application.

But times have changed. Today, patent attorneys know (or should know) how to use a computer to prepare their own documents. And fairly complex drawings can be easily prepared and revised,  by patent attorney, using fairly inexpensive computer graphics software. All filings with the US Patent Office are electronic via a secure Internet site.

Paper files are no longer necessary. Files can easily be maintained by the patent attorney in electronic format, and backed up securely, offsite, and fairly inexpensively. Correspondence can be entirely by email.

In general, overhead has gone way down, and efficiency of the patent attorney has gone way up. What does this mean to you? In addition to the cost of having a patent attorney prepare and file a patent application being significantly less today than just 10 years ago, your patent attorney should also be able to communicate nearly instantaneously with you.

For example, at Trenner Law Firm, we always send copies of all filing paperwork to the client, including copies of the patent application and electronic receipt from the US Patent Office, on the same day that we file a patent application with the US Patent Office. Need to know the status of your patent application. We can look that up electronically on the US Patent Office secure Internet site while you’re on the phone.

A lot has changed since I started practicing. I’d say all for the better.

There may be more to protecting your invention than simply filing a patent application. A patent attorney should discuss a comprehensive approach with you when trying to determine how best to protect your invention. Here are three (3) things you should consider when trying to protect your invention.

1. Can you protect the function of your invention? Inventors typically think of their invention in terms of its function. Utility patent applications are used to cover the function of an invention.

2. Can you protect your invention as a trade secret? Some inventions, or parts of inventions, can be maintained as a trade secret. A good example of a trade secret is a factory part that will be used inside the factory to make a product that is sold, but the factory part itself is not sold. Because the factory part cannot be readily reverse engineered, you may be able to protect the factory part as a trade secret.

3. Can you protect the appearance of your invention? Design patent applications can be used to protect the look or appearance of your invention. Did you know that you can file both a utility patent application and a design patent application for the same product? The utility patent application covers the utility (e.g., function) of your invention, while the design patent application covers the look or appearance of your invention.

You may also want to consider copyright protection for the design or appearance of your invention and/or for the product packaging, brochures, websites, and marketing materials for your invention. And if you decide to market your invention, you may want to consider trademark protection for the name or logo you associate with your product.

The more ways you find to protect various aspects of your invention, the better chance you have of keeping competitors away.

We’ve all heard the advertisements for inventor self-help services. These services claim that whatever you need can be done using a standard form. So why hire a lawyer – just do it yourself. While this may be true for your last will and testament, nothing could be further from the truth when it comes to filing a patent application for your invention.

Protecting your invention is no simple task. Patent attorneys work for years learning how to write patent applications that are broad enough to protect inventions, without being so broad that the Patent Office won’t issue a patent for the invention.

Think twice before using a self-help service. Do they really have the experience and expertise to write a quality patent application? Will the self-help service be there to back you up when your patent application gets rejected by the Patent Office? Will you really save that much money compared with using a qualified patent attorney?

Remember, you usually get what you pay for.