# 9 Questions to Ask a Patent Attorney

Protecting your inventions is more important than ever. Here's what to ask a patent attorney during your first consultation.

If you have a eureka moment for an invention, and you're serious about selling that invention, you need to protect it by finding an expert in patent law. The last thing you want is for somebody else to get rich off of your idea—or to end up in an infringement process.

The infringement process can be time-consuming, expensive, and stressful. This is why it’s important to talk to a patent lawyer when you have an amazing idea for an invention and are ready to show it to the world. The right patent attorneys can help your creation become the next big thing without any courtroom drama.

## **Top 9 questions to ask a patent lawyer**

Here are questions you should ask before you hire someone.

### **1. What is your technical background or experience with patents in my industry?**

Even if your gadget is technically simple, it may be hard to [find the right patent attorney](/content/attorneys/practice-areas/patent/index.html). Ask questions to see if the lawyer has personal experience with the kind of patent applications you need to write and the products you want to protect.

### **2. How do you work with your clients?**

Writing a patent with a lawyer is a collaborative process. What is the lawyer's patent process? How often do they meet with their clients? You need a lawyer who can manage writing the patent and be a technical and legal expert.

### **3. What kind of team do you have?**

Filing a patent is a complex process, and your lawyer will lead a team of professionals. Ask who will work on your patent and why they chose them.

### **4. Can you provide a breakdown of your rates?**

Knowing what fees one charges for their services allows you to comparison shop. Asking for a breakdown of rates and fees can help you discover services you weren't aware of.

### **5. Have you worked as an examiner at the U.S. Patent and Trademark Office?**

If a lawyer has not worked as an examiner, don't pass them over. However, if you are choosing between two qualified patent lawyers, you may want to hire the one who was a U.S. Patent and Trademark Office (USPTO) examiner.

### **6. How do you determine if an invention is patentable?**

It’s a question worth asking to get a sense of how much the patent attorney knows about patent law. Experienced patent attorneys will know if your invention can be patented.

### **7. What kind of patent search will you conduct, and how comprehensive is it?**

You want to know what your patent attorney will do—and if their search is likely to yield results.

### **8. What are the potential risks involved in the patent process, and how can we mitigate them?**

Make sure your patent attorney is well aware of problems that could crop up—and to know there’s a plan for navigating any peril.

### **9. Do you recommend I pursue international patent protection?**

American patents offer protection within the United States’ borders. There isn't an international patent that is enforceable in more than one country.

## **How to find a patent attorney**

There are many patent attorneys, but you want to find one who has a registration with the USPTO. You want someone you can work well with, who understands your industry and product.

### **Ask for recommendations**

Other industry professionals have likely worked with patent attorneys. If they've had a good experience, there's a better chance you will, too.

### **Look for patent attorneys near you**

If you prefer to have one-on-one meetings, you could search through a local law firm for patent attorneys in your area.

### **Use the USPTO Patent Practitioner directory**

The [Patent Practitioner directory](https://www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/finding-patent-practitioner) can be an excellent way to find registered patent attorneys who are authorized to practice and represent clients before the USPTO.

### **Search LegalZoom’s online attorney directory**

The easiest way to find a good patent attorney is through [an online directory](/content/attorneys/attorney-directory/index.html).

## **FAQs**

### Why should I hire a patent attorney?

The process of filing a patent is complex, and the consequences of making a mistake are significant. By having your application filled out properly, you're less likely to have your application denied due to a technicality.

### What is the difference between a patent agent and a patent attorney?

A patent attorney can help you as you [file your patent application](/content/articles/how-to-file-a-patent/index.html), respond to patent office communications, and offer legal advice as you move forward.

### What is the main purpose of a patent attorney?

A patent attorney's main purpose is to provide legal services that keep you and your patent on the right side of the law. They also understand the technical aspects of having a proper patent, such as filing internationally.