Skip to main content

I invented something. What are my next steps? Is there a diffirence between an Intellectual property and patent attorney?

Lawndale, CA |

I am completely lost, and I need a step-by-step answer. I will appreciate it!


+ Read More

Attorney answers 4


First of all, congratulations on your invention. You need to have an intellectual property attorney to tell you if you need a patent for your invention. In other words, a patent law is one area of intellectual property.


I have a guide on my Avvo page for the steps that should be taken when you think you may have a winning invention. Please take some time to look at them. Preparing a patent application can be tricky and expensive if not done properly. If you follow these simple steps, you will be better prepared to speak to a licensed patent attorney.

Intellectual property is comprised of several areas of law, but patents, trademarks and copyrights are the three most visible ones. To become a licensed patent attorney, the attorney must have an undergraduate degree in engineering or science and then pass the Patent Office Registration Exam. Good luck.


Do you own research on the patenting process before you call or step foot into a patent attorney's office. When I see inventor's who know nothing about the patenting process the amount of information the inventor must quickly digest in order to make intelligent patenting decisions is invariably overwhelming. Go to or some other online book seller, query "patent" and buy a book or two on the subject. I recommend the one entitled Patent It Yourself. After you digest the information then call a patent attorney.


Congratulations. May you have the energy to follow through with your invention. Intellectual property ("IP") is the property acquired from the fruits of the mind. For example if you compose a song or write a book, then the IP is called COPYRIGHT. If you have a sign or name that identifies your product of service, then the IP is called TRADEMARK. if you have a novel idea, that has practical use and is not obvious to a person with ordinary skills on the matter, then the IP is called PATENT. If you have a secret formula, such as that of coca-cola, then then IP is called TRADE SECRET. If your product comes from a unique region, such as Champagne, or Roquefort, then the IP is called GEOGRAPHIC INDICATOR. There are other properties that are the product of the mind, and are all classified as IP.
A PATENT ATTORNEY, such as myself, is normally a scientist that has completed all the legal studies of an attorney and has passed special exams to be admitted to the United States Patent and Trademark Office and it is qualified and authorized by law to help inventors register their novel ideas with the USPTO . The USPTO maintains a list of Patent Attorneys. Unless a person is not registered there it is not qualified to practice or call him/herself a Patent Attorney.
Best of luck with your invention

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer