Austin Patent Attorney

Austin Community!

Identify, Protect, and Enforce Your Patent Rights!

Austin is not only home to the South by Southwest (SXSW) festival but also one of the fastest growing high tech cities in the U.S., hosting Dell, National Instruments, Intel, Samsung and many more.

We have offices serving the greater Austin area. Our job is to make sure that your idea is protected, secured, and enforced by our staff and expert patent attorneys. We understand the difficulties of growing your ideas and business.

That is why we exist; to help our clients through the legal processes of intellectual property.

At Bold Patents, we are there to help you every step of the way, from patentability opinions to protecting your patent down the road. 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 help.

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 off their invention. If you have a patent for your invention, you are responsible for enacting those rights 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, so 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 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 the issue and publication of 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: $320
  • For Small Entities: $128
  • Electronic Application Filing for Small Entities: $64
  • For Micro Entities: $64
• Design or Plant Patent Application: $220
  • For Small Entities: $88
  • For Micro Entities: $44

Filing fees can increase if there are late fees, excess claims over a certain amount, large file sizes, and 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: $700
  • For Small Entities: $280
  • For Micro Entities: $140
• Design Patent Search: $160
  • For Small Entities: $64
  • For Micro Entities: $32
• Plant Patent Search: $440
  • For Small Entities: $176
  • For Micro Entities: $88

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

• Utility Patent Issue: $1,200
  • For Small Entities: $480
  • For Micro Entities: $240
• Design Patent Issue: $740
  • For Small Entities: $296
  • For Micro Entities: $148
• Plant Patent Issue: $840
  • For Small Entities: $336
  • For Micro Entities: $168

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, an attorney may be able to 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.

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: The team with 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. We 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 ensure that your application for a patent has the necessary specifications, documentation, and forms. Having the right information can avoid delays in USPTO examinations.
• Patent Right Protection: We can help you 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 help you protect your interests. We can support your rights and the rights 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.

World Class Patent Attorneys Serving Austin, TX

We find it a distinct privilege to get 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.

Our hope is to alleviate the stress and concerns that come with legal issues at the start of a company 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 the big picture. When we know more about you, our attorneys and agents are better able to help you with your intellectual property and impact your profits. If you have created an innovative idea, contact our firm to see how we can help you protect your financial future.

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

Principal Patent Attorney, Bold Patents