Patent Attorney and Founder
When you start looking into patent costs, one thing quickly becomes clear: the prices can be all over the place. And I mean really all over, sometimes more than double from one firm to the next, for what seems like the same patent. That’s enough to make any inventor scratch their head.
Everyone says the same thing: “High quality. Strong claims. Comprehensive protection.” But as an inventor, how do you actually know if that’s true? How can you tell if a patent attorney is giving you real value, not just a fancy sales pitch?
Let’s break it down.
Price Differences Aren’t Just Random
First, yes, you will see different prices. That’s normal. But here’s the key: what you pay often reflects what you get. If a law firm is offering a patent draft for half the price of another, it’s not magic; they’re likely cutting corners somewhere. Maybe less research, fewer revisions, less strategic thinking. That doesn’t automatically mean the patent will fail. But it does mean there’s a tradeoff.
At Bold Patents, we set our fees upfront, usually as a flat fee rather than hourly. Why? Predictability. Inventors need to know what they’ll pay, no surprises. A flat fee keeps it simple: the attorney works as long as needed without racking up your bill.
But be honest, the sticker shock can be real. For example, a low-complexity provisional patent with us starts at $5,000. It’s not small change. And yes, other firms might quote $2,500 for something similar. That leaves inventors wondering: “Am I getting quality for my money?”
How Do You Judge Quality?
This is tricky because quality is… subjective. Patents are legal documents, yes, but they’re also strategic tools. A patent attorney’s goal isn’t just to get a filing accepted. It’s to maximize your rights, protect your invention, and give you something enforceable if someone copies your work.
Here’s how you can start figuring out quality:
- Interview the attorney. Ask questions, get a feel for how they work. Do they listen? Do they explain things clearly?
- Do your research. Check client testimonials, past work, and their track record.
- Look at issued patents. In the U.S., patents are public. You can search the USPTO patent center for attorney or firm names. For example, a search for Bold IP shows the ~500 patents we’ve helped issue.
- Evaluate technical expertise. Have they handled patents in your industry? Do they understand the technology?
One deeper, but more technical, way to measure quality is through litigation results. If a patent survives legal challenges, that says a lot about the quality of the drafting. While we haven’t had patents go to trial yet, this is often considered the ultimate test. Claims hold up under scrutiny, and the patent truly protects its inventor.
The “Breadth vs. Specificity” Dilemma
Even once a patent is granted, there’s more to consider. How broad are the claims? Broad claims can cover more territory, but narrow claims can still be extremely valuable if they’re perfectly targeted for your market.
Think of it like fencing off a plot of land. A wide fence gives you a big area, but you might not need all of it. A smaller, perfectly placed fence might protect exactly what matters most. That’s the art, and sometimes the gamble of patent drafting.
Even minor wording changes can become high-stakes battles. People literally litigate over tiny phrases for tens of millions of dollars. That’s why choosing an attorney carefully is critical.
Price Isn’t the Whole Story
If you base your choice purely on price, you risk corners being cut. A lower price might mean:
- Less research before filing
- Fewer claim revisions
- Less strategic thinking about your market or competitors
That doesn’t mean you can’t get a good patent at a lower price, but it does mean due diligence is key.
Flat Fee vs. Hourly
Understanding billing methods helps too.
- Flat fee: You pay a set price upfront. You know what it costs no matter how long the attorney works. This works great for inventors who want predictability.
- Hourly: You pay for each hour spent. This can be cheaper if your invention is simple, but costs can spike if the drafting or review takes longer than expected.
At Bold Patents, flat fees are our standard. It aligns with how we think inventors want to work: predictable, transparent, no surprises.
How Attorneys Demonstrate Quality
Patents are a mix of art, science, and legal strategy. Here’s how attorneys can show you they know what they’re doing:
- Grant rates: High approval rates can signal skill, but watch out. Some attorneys get easy patents approved by keeping them very narrow.
- Opposition/Challenges: Few oppositions or rejections can suggest strong initial filings.
- Claim strategies: Broad, enforceable claims show thoughtful drafting.
- Past patents: Reviewing actual issued patents shows their style and approach.
- Success stories: Licensing deals, litigation wins, or client achievements highlight practical results.
- Industry recognition: Awards, speaking engagements, or patents in technical journals signal expertise.
Ask to see sample patents if you can. It helps you gauge whether their writing style and claims make sense for your invention.
Don’t Forget Trademarks
The same principles apply if you’re protecting a brand instead of a device. Experience, track record, and personal interaction matter.
Price varies widely here too. You’re paying for professional expertise, not just a form or filing. Look for:
- Attorneys who specialize in trademarks rather than dabbling casually
- References from other clients in your industry
- Clarity and responsiveness when communicating
Trust your gut. If something feels off, it probably is. Your intuition about whether an attorney is straightforward and competent is often a better indicator than numbers alone.
Tips for Choosing a Patent Attorney
- Check references and testimonials. Past clients can tell you a lot about communication and reliability.
- Look at past patents. Public records at the USPTO let you see what they’ve done.
- Evaluate experience. Specialists who handle patents in your field are usually worth it.
- Consider billing structure. Flat fees vs. hourly, pick what works for your budget and comfort level.
- Trust your gut. Do you feel confident they’ll advocate for your invention?
A Note About Numbers
One tricky thing: metrics like grant rate or issued patents aren’t perfect. Not every client goes to market, not every patent is tested in litigation. So while numbers are helpful, they’re not the final word. Sometimes, a narrower patent in the right niche can be more valuable than a broad one that never gets enforced.
It’s part strategy, part market knowledge, part legal skill, and part instinct. The right attorney combines all of these.
Practical Takeaways
- Expect price variation. More expensive doesn’t automatically mean better, but very low prices can indicate cut corners.
- Flat fees offer predictability. You know your total cost upfront.
- Investigate past work. Public patent databases and testimonials are gold mines.
- Breadth matters. Broad claims aren’t always better; it’s about the right claims for your invention.
- Gut check. Your intuition about honesty, professionalism, and care matters.
Bottom Line
Choosing a patent attorney isn’t just about price. It’s about finding someone who will:
- Protect your invention
- Guide you through strategy
- Be there when questions arise
- Help you get the most value from your patent
Take the time to do your homework. Compare attorneys, review their work, and talk to past clients. And remember: patents are long-term investments. The right guidance can save headaches, money, and risk down the road.
If you’re ready to explore your options, book a free discovery call with Bold Patents. We can help you understand your patent needs, costs, and strategies, no surprises, just clear guidance.