Patent Attorney and Founder
“Is it ever smart to skip the patent search and just file right away?”
Yeah, I get that question a lot. Technology moves fast, and inventors don’t want to waste time. But skipping the search? That’s usually a big risk, especially if you’re a solo inventor or running a small business.
Let me back up and give you a bit of my story.
I grew up in Illinois, went to the University of Illinois, and earned both my electrical engineering and law degrees there. After law school, I stayed in Chicago for about eight years and worked at a small patent boutique firm. It’s no longer around. After that, I made my way west, first to Phoenix, where I worked at Snell & Wilmer, and then to California.
In California, I joined some of the biggest law firms in the world. We’re talking Hogan Lovells, DLA Piper, Norton Rose Fulbright, all the big names. I spent years in patent prosecution, mostly with large corporate clients. Toward the end, I was doing a lot of work for Japanese companies. I’d fly out to Japan once a year for about a month, working with companies like Kyocera, Seiko Epson, and others. Amazing tech. Smart teams. Great experience.
But I wanted something different.
After 15–20 years in Big Law, I decided to go out on my own. These days, I work mostly with solo inventors and small businesses. And honestly? It’s been one of the most rewarding moves I’ve made. There’s a lot more teaching involved. When you’re helping someone who’s never filed a patent before, you’re not just writing legal documents; you’re explaining the whole system. And that makes the work feel more personal.
That brings me to the initial consultation. The first meeting we have with an inventor.
It’s not some stiff, formal thing. We hop on a video call, usually Google Meet, so we can talk face-to-face, share screens, review documents, and walk through ideas together. Most inventors really appreciate that. Especially since so many law firms still rely on phone calls or expect clients to show up in person. Video gives it a more human feel.
So, what happens in that first meeting?
- We start with intros, of course. Then I’ll ask you to walk me through your invention.
- Usually, you’ve already sent me some materials ahead of time. I’ve read them. But I want to hear your words, what problem are you solving? What’s the key feature? How was this handled before your idea came along?
- Next, I try to figure out your background with patents. Have you ever seen one? Do you know how the system works?
Depending on your experience, I’ll explain the basics:
- Utility patents vs. Design patents
- Whether your invention is actually eligible for patent protection
- What kind of patent might be right for you
We also go over a timeline, start to finish. That way, you know what’s ahead. The whole process, from search to filing to dealing with the Patent Office, can take years. Most people don’t realize that up front.
Sometimes, inventors are hesitant to share too much in that first meeting. They’ve been holding this idea close for a long time. I get it. But I always explain that everything they tell me is covered under attorney-client privilege. It’s fully confidential. Still, I have to remind people, we can’t help you protect your invention unless you tell us what it is.
So what do you get at the end of that meeting?
You walk away with a clear recommendation. If the invention’s not ready, I’ll tell you that. And I’ll give you steps to get it there. But if it is ready, I usually suggest starting with a patentability search and opinion. That’s where we dig into the existing patent landscape, what’s been done before, what might be similar.
Think of it this way: if someone’s already filed something close to your idea, wouldn’t you rather know now, before you spend time and money filing a patent?
And there’s more. If we’ve done a search, and we know what’s out there, we can write a much stronger patent application. We’re not guessing. We know what to emphasize and how to set your invention apart from what already exists.
Now, back to the original question, can you just skip the search?
Big companies with in-house teams of engineers and lawyers sometimes do. They already have a strong sense of what’s out there. But for most solo inventors and small businesses? You don’t have that kind of visibility. Filing without a search is like launching a product blindfolded.
Sure, it might work out. But odds are, you’ll miss something important, and it could cost you down the road.