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What steps should you take to protect your invention before hiring a patent lawyer?

January 13, 20232 min read

Have an idea that you want to own and protect? Before you hire a lawyer to prepare and prosecute a patent application, there are several steps you can take to protect your idea.

Here are 6 steps you can take to protect your invention before hiring a patent lawyer:

1. Document your invention:

Documenting your invention is key to protecting your idea. Create a detailed description of your invention, including drawings, diagrams, and photographs.

2. Conduct a patent search:

Conducting a patent search will help you determine if your invention is novel and non-obvious. This will also help you determine if there are any existing patents that could prevent you from obtaining a patent for your invention. Schell IP provides a free patent searching tool, but it is better to conduct a patent search with the guidance and assistance of an experienced patent attorney who can use the results to generate a patentability opinion.

3. File a provisional patent application:

It is always better to rely upon the guidance of an experienced patent lawyer to prepare any patent application, including a provisional patent application. However, when that isn't possible due to cost or other considerations, filing a provisional patent application can give you some protection in your invention and help you avoid losing the ability to patent an invention later. A provisional patent application is a lower cost filing that will give you patent pending status and a one-year period to file a corresponding non-provisional patent application.

4. Keep your invention confidential:

Keeping your invention confidential is essential to protecting your idea. Make sure to keep your invention confidential until you have obtained a patent.

5. Have a free consultation with a patent lawyer:

Once you have taken the steps above, you can explore hiring a patent lawyer to prepare and prosecute your patent application. A patent lawyer can help you navigate the complex patent process and ensure that your invention is properly protected. Like many patent firms, Denver-based Schell IP offers free initial consultations to explore whether you might be a good client fit for our firm.

By taking the steps outlined above, you can protect your invention and prepare for the patent process. Once you have taken these steps, you should hire a patent lawyer to help you obtain a patent for your invention.

Schell IP's mission is to leverage artificial intelligence in all aspects of the patenting process to create more valuable intellectual property assets.

If you would like to discuss a specific product concept requiring patent protection or speak with a patent lawyer, feel free to contact the Schell IP team.

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Jeffrey Schell

Jeff’s mission is to transform innovative concepts into extraordinary companies. In 2019, top tier law firm Hall Estill acquired the rights to the Rocky Mountain Patent brand, where he became the director of its national Ventures Growth practice. Following his departure from Hall Estill, he founded Schell IP specifically to incorporate all aspects of artificial intelligence in a new model for an intellectual property law practice. Jeff attended Northwestern University, graduating with degrees in Industrial Engineering & Management Sciences and Economics in 2004. He subsequently earned his JD and masters degrees in International Studies and Medical Informatics. Jeff separately studied economics at Harvard University, and in 2007, was a delegate at the Harvard China-India Development & Relations Symposium. ColoradoBiz Magazine named Jeff one of the 25 "Most Influential Young Professionals in Colorado.” He was also a finalist for the Denver Post's "Colorado Innovator of the Year" and "Denver Trailblazer" awards. In 2017, Denver Mayor Michael Hancock invited Jeff to participate in Denver's official trade delegation to South Africa and Kenya. He also became elected President of TiE Denver, one of Colorado’s leading entrepreneur and angel investor ecosystems, from 2019-2020.

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If you would like to discuss a specific product concept requiring patent protection or speak with a patent lawyer, feel free to contact the Schell IP team.

The content of this website is not intended as legal advice. If you have any question pertaining to a specific matter, speak with an attorney.