Have you created an invention with market potential? Securing a patent ensures others can't profit from your unique idea.

Obtaining a patent can feel complex, but at Perez IP Law, our experienced team guides you smoothly through the process, tailoring a legal strategy that aligns with your business goals.

Although each patent journey is unique, the general process follows certain steps. Here’s what to expect when you work with Perez IP Law.

Initial Consultation

Your journey begins with a discovery call with our project development team, focusing on your invention. This 30-minute to one-hour session helps determine if a patent evaluation is right for your goals.

Schedule your consultation by calling [need phone number] or online at your convenience.

Patent Evaluation I: Kick-off Meeting

Upon deciding to proceed, you’ll meet with a patent attorney who will learn more about your invention, under strict confidentiality. We'll assess patent eligibility, categorize your invention, and discuss your business goals. This call lasts about one hour.

Patent Evaluation II: Prior Art Search

Our team then conducts a thorough “prior art search” to find public records of similar inventions. Prior art includes patents, published applications, journals, books, and existing products, with the USPTO commonly relying on patents.

Our expert research identifies potential legal challenges, forming a foundation for your patent strategy.

This phase typically takes two weeks.

Patent Evaluation III: Findings

Using our extensive experience, we analyze the patent viability of your invention. We’ll review the prior art findings with you and decide on the best way forward, generally by either a provisional or non-provisional patent application.

Provisional Patent Application

A provisional patent application sets an early filing date without providing immediate legal protection. It’s ideal if you need more time to refine your invention while preventing idea theft.

Our attorneys handle the drafting and required forms, and we coordinate patent drawings. After your review and approval, we file with the USPTO.

Note, a provisional patent must transition to a non-provisional patent within 12 months. We’ll follow up at key milestones to discuss conversion options.

Non-Provisional Patent Application

A non-provisional patent provides enforceable protection, letting you take legal action if someone infringes on your invention.

Our attorneys manage the preparation and submission to the USPTO, with the process taking four to six months.

Additional Patent Considerations

Understanding the full scope of patent protection is beneficial. Here’s an overview of other key considerations.

International Patent Application (PCT)

Following your U.S. filing, we can discuss international protection options under the Patent Cooperation Treaty (PCT) if relevant. We’ll contact you around eight to nine months post-filing.

Patent Prosecution Process

After filing, a USPTO Patent Examiner reviews your application in a process called “prosecution.” It usually takes 18-24 months to receive an Office Action. We’ll guide you through responding to any Office Actions and help navigate potential rounds of feedback.

Patent Rights Enforcement

Once granted, a U.S. patent lasts 20 years from the initial filing date, giving you exclusive rights to use or license your invention. Maintenance fees are due at 3.5, 7.5, and 11.5 years, and we’ll provide reminders to keep your patent active.

Summary of the Patent Process

We hope this blog clarifies the patent process and instills confidence in securing patent protection with Perez IP Law. While it’s not an overnight process, our team will diligently work to safeguard your invention.