Austin Patent Attorney

Austin Community! Identify, Protect, and Enforce Your Patent Rights! Hire a Patent Attorney Today!

Austin is not only home to the South by Southwest (SXSW) festival, but it is also one of the fastest-growing high-tech cities in the U.S., hosting Dell, National Instruments, Intel, Samsung, and many more. These companies affect the innovation in the area, and their presence leads to a competitive environment where patent protection is crucial.

We have offices serving the greater Austin area. Our job is to make sure your idea is protected, secured, and enforced by our staff and experienced Austin patent attorneys. We understand the difficulties of growing your ideas and business. Austin thrives in industries like healthcare technology, pharmaceuticals, and emerging technology.

That is why we exist: to help our clients through the legal processes of intellectual property and patent cases.

At Bold Patents, we can provide experienced and knowledgeable counsel for your patent case, from patentability opinions to protecting your patent in future legal actions. We believe in supporting the financial and personal interests of our community, and we know this is done by understanding the vision and goals of our clients. Whether you are at the beginning of your entrepreneurial journey or have been managing your small business for years, Bold Patents can meet your needs.

Types of Patents

A patent can be secured through the U.S. Patent and Trademark Office (USPTO). It gives an inventor the right to prevent others from making, using, or profiting from their invention. If you have a patent for your invention, you are responsible for enacting those rights under the nation’s patent laws if they are infringed on. There are three types of patents available through the USPTO:

1. Utility patent. A utility patent can protect the function of an invention, which is how it is used and works. If you have invented or improved on an existing machine, process, item of manufacture, or composition of matter, a utility patent applies. Utility patents can protect your invention for up to 20 years. Applying for a utility patent requires specifications, descriptions, drawings, and other required forms.
2. Design patent. A design patent protects the look of an invention. It applies to innovative and ornamental designs for an article of manufacture, such as a consumer or commercial product. Design patents can last for up to 15 years. A design is defined by the USPTO as a visual characteristic shown in or applied to an article. This may include the shape of the product, any ornamentation applied to the object, or both.
3. Plant patent. Plant patents protect a discovered or cultivated plant variety. This may include creating, discovering, or asexually reproducing a distinct variety of a plant. Plant patents protect inventors for up to 20 years. This type of patent also has additional protections for the components of a plant, such as its fruits.

Typically, an invention only qualifies for one of these patents. There are situations where multiple types may apply. You can determine which is more beneficial in this case. Some inventors may want to apply for both a design and a utility patent on the same item to protect both its function and its appearance.

How Much Do Patents Cost in Austin?

There are costs for applying for a patent, conducting a patent search, and issuing and publishing a patent. These costs vary based on the type of patent and the size of the entity securing the patent. The USPTO has standard fees, but there are also lower fees for those who qualify for small entity or micro entity status. The basic filing fees for each type of patent include:

• Utility Patent Application: $350
  • For Small Entities: $140
  • Electronic Application Filing for Small Entities: $70
  • For Micro Entities: $70
• Design Patent Application: $300
  • For Small Entities: $120
  • For Micro Entities: $60
• Plant Patent Application: $240
  • For Small Entities: $96
  • For Micro Entities: $48

Filing fees can increase if there are late fees, excess claims over a certain amount, large file sizes, or filing in the wrong format.

Prior to filing an application, you will likely have to conduct a patent search to determine if your patent will infringe on any existing patents. Patent search fees are as follows:

• Utility Patent Search: $770
  • For Small Entities: $308
  • For Micro Entities: $154
• Design Patent Search: $300
  • For Small Entities: $120
  • For Micro Entities: $60
• Plant Patent Search: $485
  • For Small Entities: $194
  • For Micro Entities: $97

If a patent is granted, you then pay an issue fee to receive the patent. These fees are:

• Utility Patent Issue: $1,290
  • For Small Entities: $516
  • For Micro Entities: $258
• Design Patent Issue: $1,300
  • For Small Entities: $520
  • For Micro Entities: $260
• Plant Patent Issue: $905
  • For Small Entities: $362
  • For Micro Entities: $181

There are many other fees for patents in the USPTO, including maintenance fees, reissue fees, processing fees, and reexamination fees. It can be helpful to discuss what your anticipated fees are with an attorney.

Though it may seem counterintuitive to pay for an attorney in addition to these fees, a skilled lawyer can reduce the overall expenses by crafting a comprehensive application and determining if you qualify for a small or micro entity status. An attorney can also make the process go more quickly, enabling you to secure a patent and begin profiting sooner.

How Do I Verify an Austin Patent Attorney’s Credentials?

All legitimate patent attorneys must be registered with the USPTO Office of Enrollment and Discipline. You can search for any attorney’s registration on the USPTO website. Unfortunately, too many inventors work with general practice attorneys who lack proper patent credentials. This is a big mistake, and it can harm your ability to get a patent.

Beyond registration, look for attorneys with technical backgrounds in your field. Someone with a computer science background probably isn’t helpful for a biotechnology patent. Their technical understanding directly impacts how well they’ll describe and defend your invention.

How Long Does the Entire Patent Process Take, From Filing to Issuance?

The patent process is slow. It can take years. After filing, your application typically gets published around 18 months later. According to the USPTO, the average time, from the beginning to the end of the process, is 31.1 months as of September 2025.

Then, examination might take another one to three years, sometimes longer for certain technology areas. The USPTO has a massive backlog. You also have to consider potential office actions, where the examiner rejects parts of your application. Then, you may be looking at three or more years from filing to issuance.

This timeline is precisely why many inventors opt for provisional applications first. This gives them a priority date while buying time to refine an invention.

What Services Can a Patent Attorney Provide?

A patent attorney is licensed to provide legal support, advice, and representation. They have knowledge and experience specific to patents. The team at Bold Patents can provide services such as:

• Patent opinions and eligibility. Bold Patents can look at your idea and invention. They can then determine if it qualifies for a patent and which type of patent is applicable. Our attorneys can also aid in conducting a patent search and reviewing other creations to determine if your invention has been made or if a patent would infringe on an existing patent.
• Draft and file patent applications. Our firm has helped many innovative entrepreneurs create and file their patent applications, and we remain on top of any legal changes over time. We are highly equipped to make sure your application for a patent has the necessary specifications, documentation, and forms. Having the right information can prevent delays in USPTO examinations.
• Patent right protection. We can protect your rights in patent legal issues. If the rights of your patent have been infringed on, we can advise you on the next steps and represent you when needed. If another party has accused you of infringing on their patent, either in your business or with a patent you have, we can protect your interests. The right patent attorney in Austin can support your rights and those established by your patent.

There are several benefits to having a patent attorney supporting you throughout this process. It is often less stressful, goes more smoothly, and may allow you to secure more protection for your invention. When you create bold inventions, you need bold representation.

We can bring you years of experience with applying for and protecting patents in Austin and throughout Texas.

The Innovation Landscape of Austin

Innovation is bolstered in Austin at many levels, including the following:

• Start-ups based in Austin raised $5 billion in 2022, and start-ups in the area are worth more than $128 billion.
• City-based initiatives support small businesses and more than 4,500 entrepreneurs in Austin.
• Large companies have large workforces that propel innovation, along with research and development sectors.
• Local incubators and accelerators offer resources to start-ups and small businesses that help them further their inventions.
• USPTO resources, such as the Southwest Regional Office in Dallas and the Patent and Trademark Resource Center in the University of Texas, Austin, McKinney Engineering Library, can provide crucial assistance.

When you work with a skilled patent attorney, they can navigate this innovation landscape and access important local resources without compromising your ability to patent your invention.

Find Your Industry’s Patent Requirements

Get targeted patent guidance for your specific industry. Click on your industry below to discover specialized patent requirements, strategic approaches, and how our attorneys can transform your ideas into protected assets.

FAQs

Q: What Is the Cheapest Way to Get a Patent in Austin?

A: The cheapest way to get a patent in Austin is to qualify as a micro entity for the filing and other fees and not work with a patent attorney. However, failing to hire an attorney can cost you more in the long term. A lawyer can assess whether your invention is patentable and create a stronger patent application. They can also help you after issuance with technology transfers or dealing with infringement.

Q: What Are the Risks of Not Patenting in Austin, TX?

A: If you don’t patent an invention in Austin, TX, you have no way to protect it. A competitor in the industry can use your creation, make it, and sell it. You will lose your competitive edge. Failing to have patent protection can also affect your ability to enter into a licensing agreement. You will need airtight nondisclosure agreements to make sure the business you are negotiating with doesn’t take your invention without entering into the agreement.

Q: What Cannot Be Patented in Texas?

A: You cannot patent certain things in Texas, such as laws of nature, abstract ideas, suggestions, and physical phenomena. You also cannot patent inventions that are only related to nuclear material, atomic energy, or their use in atomic weapons. If you have a novel, useful, and non-derivative intention, you can hire a patent attorney to determine if it is something the USPTO considers patentable.

Q: Can You Lose a Patent If You Don’t Use It?

A: Generally, you cannot lose a patent if you don’t use it. Once you are granted patent protection, you have it until it expires. However, utility patents can expire early, as there are maintenance fees. You can lose a patent if you fail to pay these fees.

You can also technically lose a patent by failing to uphold your rights. If you don’t take legal action against those infringing on your rights, it is the same as not having the patent.

Knowledgeable Patent Attorneys Serving Austin, TX

We find it a distinct privilege to assist the creative and innovative minds of Texas with their intellectual property needs. Many clients come to us with questions and leave with tangible results and actionable advice.

Our hope is to alleviate the stress and concerns that come with legal issues when you begin a company. We do this by offering the protection and security that only a law firm can provide.At Bold Patents, we care about more than just your intellectual property; we want to know about you, your company, and what you want to achieve. When we know more about you, our attorneys and agents can provide tailored guidance on your intellectual property and how it impacts your profits. If you have created an innovative idea, contact our firm to see how we can protect your financial future.

Bold Patents J.D. Houvener, Esq., MBA, P.E.

Principal Patent Attorney, Bold Patents