Frequently asked questions

Straight answers about patents, attorneys, costs, and how this works.

About Patent Attorney Network

Is Patent Attorney Network a law firm?

No. We connect inventors with independent, licensed patent attorneys. We don't give legal advice, and using this site doesn't create an attorney-client relationship. Your legal relationship is with the attorney you're matched with and their firm.

What does the match cost?

Nothing. There's no charge to be matched and no obligation to buy anything. The attorney will tell you upfront whether your first conversation has a fee. SPARK Reports are optional and priced on our SPARK page.

Who owns Patent Attorney Network?

Montgomery IP Associates, which has worked with independent inventors since 1996. Montgomery IP also operates For Sale By Inventor and 3D VR Studio. We say so on every page because you should know who you're dealing with.

Does anyone get paid when I order a SPARK Report or a filing package?

Yes, and here's how. SPARK Reports and filing packages are sold by Montgomery IP Associates. When an order includes legal work, such as the Patentability Assessment in SPARK Legal and SPARK PRO, or filing your application, Montgomery IP pays the attorney for that work. The attorney's professional duties are still owed to you. You'll be told this in writing before you buy, and you can decline.

Will someone try to sell me marketing?

Not through Patent Attorney Network, and not through your attorney. After your research is delivered, For Sale By Inventor, another Montgomery IP company, may contact you separately about marketing services. It's optional, and you can ask not to be contacted.

The attorneys

Who are the attorneys?

Independent patent attorneys who run their own practices. Each is registered to practice before the U.S. Patent and Trademark Office and licensed by a state bar. They are not employees of Patent Attorney Network or Montgomery IP Associates. See About for the attorneys currently in the network.

What if there's no attorney in my state?

We find one. Before we refer anyone, we check that they're registered with the USPTO and in good standing with their state bar. We'll tell you where things stand within a few business days.

Do I need a patent attorney in my own state?

Not legally. Patent law is federal, and a USPTO-registered attorney can represent you wherever you live. Many inventors simply prefer someone local, so that's what we look for.

I'm in Canada. Can you help?

Yes. Enter your postal code and we'll match you with an attorney for your province. One thing to know: a U.S. patent is handled by a practitioner registered with the USPTO, and a Canadian patent has to be filed by a patent agent registered with the Canadian Intellectual Property Office (CIPO). Tell your attorney which countries you want protection in, and they'll explain who files where.

Should I describe my invention on this site?

No. We only need your ZIP code and contact details. Save the details for your attorney, who is bound by professional confidentiality rules.

Patent basics

What is a patent?

A property right granted by the U.S. government that lets you stop others from making, using, selling or importing your invention in the United States for a limited time. You can't patent a bare idea. You patent a specific, described invention.

What are the main types of patent?

Utility patents protect how something works and generally last 20 years from filing. Design patents protect how something looks and last 15 years from grant. A provisional application isn't a patent at all. It holds a filing date for 12 months, is never examined, and lapses unless you file a full application in time.

What does "patent pending" mean?

Only that an application has been filed. It doesn't mean a patent will be granted, and it doesn't let you stop anyone from copying you yet.

Do I need a patent search?

It isn't required, but it's usually the best money you'll spend. A search shows what already exists before you pay for an application, and sometimes the right answer is not to file.

What is a patentability opinion?

An attorney's professional view of whether your invention looks patentable over the closest existing patents and publications, and what type of protection, if any, makes sense.

Can I write my own patent application?

Yes, you're allowed to. But a patent is a legal document, and weak claims can leave you with protection that's easy to design around. Most first-time inventors are better served by a registered attorney or agent.

Is there a deadline to file?

Often, yes. In the U.S., you generally have one year from your own first public disclosure, sale or offer for sale to file. Many other countries give no grace period at all. If you've already shown or sold your invention, tell your attorney early.

Will a patent make me money?

Not by itself. A patent gives you the right to exclude others. It doesn't create demand. Most patented inventions never make money, which is why it pays to research before you spend.

Still have a question? Ask the attorney in your first conversation. That's what it's for. Find an attorney →