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FAQ

Straight answers to every question we hear.

Everything inventors ask about patents, the 1-2-3 system, pricing, and the process. If your question is not here, bring it to the free readiness call, where answering it is part of the job.

Patent basics

What is a utility patent?

A utility patent protects how an invention works: its structure, function, and mechanism. It is the strongest and most valuable form of patent protection, and it is the only kind this firm handles. It gives you the right to stop others from making, using, selling, or importing your invention in the United States for roughly 20 years from filing.

What kinds of inventions do you work with?

Physical products. Consumer goods, tools and hardware, mechanical devices and assemblies, home goods, outdoor and sporting equipment, garden and shop products, manufacturing improvements, and non biotech medical devices. If you can hold it in your hand, or it is made of parts you could, it is probably in our lane.

What kinds of inventions do you not work with?

Software and mobile apps, algorithms, cloud services, biotech, pharmaceuticals, chemical compositions, and business methods. A narrow practice is a sharper one, and it keeps the process fast and predictable. If your invention is outside our lane, we will say so on the first call and point you in the right direction.

Do you take clients nationwide?

Yes. Patent law is federal. As a registered patent attorney with the USPTO, John Roberts represents clients in all 50 states for patent matters.

Do I need a prototype?

No. Many excellent patents are filed without a prototype. What you need is a complete idea: you can explain what the invention is, what its parts are, and how they work together. Rough sketches and photos are plenty.

Do I need a patent attorney, or can I file myself?

You can legally file on your own, and some inventors do. But claim drafting is the part of a patent that determines whether it is worth anything, and it is genuinely difficult. A patent with weak claims can be worse than no patent, because it announces your invention to the world without actually protecting it. That trade is the thing to understand before going alone.

The 1-2-3 system

What is the 1-2-3 system?

Three steps, in order, each with one job and one flat fee. Step 1 is a readiness and eligibility call, currently free for a limited time. Step 2 is a worldwide prior art search ending in a written Green, Yellow, or Red recommendation, $1,500. Step 3 is drafting, expedited filing, and prosecution of your utility application, $13,500. You decide after each step whether to continue.

What makes Patent My Product different?

The combination: a search first process with a straight written recommendation, flat fees published in public, USPTO fees and drawings included, Track One expedited filing on every case, and every piece of work performed personally by a registered patent attorney and engineer with more than 25 years in patent law. Ask other firms to quote that combination, apples to apples.

Am I obligated to do all three steps?

No. Each step stands alone, and the process is designed so you can stop at any point with useful information in hand. A meaningful share of clients stop after Step 2, on our recommendation, having spent $1,500 to avoid spending $15,000.

Step 1: the readiness call

What happens in Step 1?

A one on one call with the attorney, up to 60 minutes. We confirm your invention is the type a utility patent can protect, that it is developed enough for a real search, who the true inventors are, whether anyone else might own rights, whether you qualify for micro entity status, and whether any deadlines are running, like the one year clock after a public disclosure. We also answer your questions about the firm and the patenting process.

Does Step 1 include a patentability opinion?

No, deliberately. Patentability cannot be honestly assessed without a real prior art search, and a real search takes more than a phone call. Step 1 determines readiness. Step 2 determines patentability. Anyone offering a patentability opinion on a first phone call is guessing.

Why is the call free right now?

The Step 1 fee is $500, and it is waived for a limited time. The call itself is identical either way: same length, same analysis, same straight answers.

What should I have ready for the call?

A plain English description of your invention, a rough idea of when you conceived it, any public uses, sales, offers, or disclosures with approximate dates, the names of anyone who helped conceive it, whether an employer or partner might claim rights, and whether you have filed anything before. No drawings or prototype required.

Micro entity status & USPTO fees

What is micro entity status?

The USPTO charges its fees on a sliding scale, and micro entities pay the lowest rate, an 80 percent discount off standard fees. In general terms, you qualify if you have not been named on more than four prior U.S. non provisional applications, your gross income is under a USPTO threshold that adjusts annually, roughly three times the median household income, and you have not assigned or licensed the invention to a company that exceeds the threshold. Most first time and individual inventors qualify. The official details are on the USPTO micro entity status page, and confirming your status is part of the Step 1 call.

Who has to qualify, just me?

Every inventor, and every company receiving ownership or license rights, must qualify. If even one does not, the application is filed as a small or standard entity and the USPTO fees increase. We can absolutely still file; only the USPTO fee difference is added to the published pricing, and you will approve the exact numbers in writing first.

What if I do not qualify?

Nothing about the process changes except the USPTO's own fees. The attorney fee stays flat. The difference between micro entity and your actual entity status is added at cost, with no markup, disclosed and agreed before anything is filed.

Step 2: the search and the lights

What does the Step 2 search cover?

Worldwide patent databases, U.S. and international published applications, non patent literature including articles, manuals, and online disclosures, and competing products, searched by technical keywords and by patent classification. The search uses professional techniques and advanced AI assisted tools, and every result is reviewed by the attorney personally.

What do Green, Yellow, and Red mean?

Green: the prior art looks clear enough to justify drafting and filing, and the written analysis explains why. Yellow: patentability is uncertain; you may proceed if the business case justifies the risk, and the report tells you exactly what the risk is. Red: I recommend you do not file, and the $1,500 that answer cost you is the money it saved you.

How often does each light come up?

Most cases come back Yellow or Red. A Green light here is rare, which is exactly why it means something. The recommendation is earned by the prior art, never sold.

Can a Yellow light invention still get a patent?

Often, yes. Yellow means uncertainty, not doom. Many valuable patents issue from Yellow light cases. The difference is that you proceed with your eyes open, understanding the specific risks, as a business decision rather than a blind bet.

Can a Red light be fixed?

Sometimes. It depends on why the light is red. If the problem is claim scope, a redesign or a narrower focus can change the analysis, and the report will say so. If the prior art simply got there first, the honest answer is to stop, and the report will say that too.

Why can't any search promise an outcome?

Because databases update continuously, some pending applications are invisible to everyone but the USPTO for up to 18 months, examiners search differently than attorneys, and novelty judgments have a human element. Roughly a quarter of office actions cite prior art that was unpublished and undiscoverable at the time of filing. Anyone who promises you a patent outcome is selling something other than the truth. What Step 2 delivers is a rigorous written professional recommendation before you commit real money, which is the strongest honest thing that exists.

What do I need to provide for Step 2?

A written description of the invention and any sketches, drawings, diagrams, or photos, uploaded through a secure portal. They do not need to be professional. Phone photos of a napkin sketch have started many a good patent.

Step 3: drafting, filing & prosecution

What exactly is included in the Step 3 flat fee?

Everything from drafting to done: the complete utility application drafted personally by the attorney, including specification, claims, and abstract; professional patent drawings; USPTO filing, search, examination, and Track One fees at micro entity rates; filing service costs; every office action response your case needs; examiner interviews; claim amendments; and prosecution through issuance or final office action. No hourly billing at any point.

What is Track One?

The USPTO's prioritized examination program. A standard application can wait years in the queue. Track One cases target a final determination within about 12 months of being granted prioritized status. Every application this firm files uses it, and the fee is included. Typical pacing: first office action in roughly 3 to 5 months, final disposition in roughly 10 to 12 months. The USPTO controls its own timing.

What happens when the USPTO rejects my application?

Almost every application receives at least one rejection. It is a normal part of examination, not a crisis, and responding to it is the craft of patent prosecution. Responses, amendments, and examiner interviews are all included in the flat fee, however many your case needs through issuance or final office action.

What is not included in Step 3?

Continuation applications, requests for continued examination (rare under Track One), appeals, foreign and international filings, and design patents. If your case ever calls for one of these, you get a straight explanation and a separate quote or a referral without markup, before anything is incurred.

Can I file internationally too?

Yes, but the decision has a deadline: generally one year from your U.S. filing date. We flag the date and provide referrals for foreign filing without markup.

Pricing & payment

What is the total cost, start to finish?

$15,000 for a limited time while the Step 1 fee is waived: $1,500 for Step 2 plus $13,500 for Step 3, with USPTO fees and professional drawings included at micro entity rates. If you do not qualify as a micro entity, only the USPTO fee difference is added, agreed in writing first.

Are there any hidden fees?

No. Flat means flat. The only variable in the entire system is the USPTO's own entity based fee level, which is confirmed in Step 1 and locked in writing before filing.

Do you offer payment plans?

Yes. Our payment portal offers third party financing with monthly payment options, subject to approval.

Do you take equity or royalties?

Never. No equity, no royalties, no licensing percentages, no interest of any kind in your invention. You pay a fee, you own everything.

Is the Step 1 or Step 2 fee credited toward Step 3?

No. Each step is separate and stands alone. That separation is what keeps every step honest: there is no financial pressure on the Step 2 recommendation, in either direction.

Inventorship, ownership & disclosure

Who counts as an inventor?

Anyone who contributed to the conception of at least one claim. Not who paid for it, not who built the prototype, not who owns the company. Getting this right matters, because incorrect inventorship can damage or invalidate a patent. We sort it out carefully in Step 1.

What if there are multiple inventors?

Completely normal. All true inventors are named in the application, and ownership can then be organized however you intend, including assignment to a company.

Can my company own the patent?

Yes, through a written assignment. We help document inventorship and assign rights properly. Note that if the owning company does not qualify for micro entity status, the USPTO fee level changes, which we confirm before filing.

Could my employer own my invention?

Possibly, depending on your employment agreement, what resources you used, and what your job is. This is one of the most important questions in Step 1, and it is far better answered before filing than after.

I already showed my product publicly. Is it too late?

Maybe not, but the clock is running. In the United States you generally have one year from your first public disclosure, sale, or offer for sale to file. Miss it and patent rights are gone permanently. Most foreign rights are stricter still. If you have disclosed, book the call sooner rather than later.

Confidentiality

Will you sign an NDA?

It is not necessary. Once you engage the firm, attorney client privilege and the rules of professional conduct protect your information more strongly than any NDA would. Before engagement, the Step 1 call is a confidential attorney consultation.

Is what I tell you confidential?

Yes. Consultations with an attorney for the purpose of seeking legal services are protected, and everything you provide for Step 2 moves through a secure portal.

Should I keep my invention secret while we work?

Generally yes, until your application is filed. Once filed, you are patent pending and can mark your product accordingly. The Step 1 call covers exactly what you can safely say to manufacturers, investors, and customers, and when.

After your patent issues

What happens after my patent issues?

You own a U.S. utility patent, enforceable for roughly 20 years from your filing date, subject to maintenance fees. You can make and sell the invention exclusively, license it, or sell the patent outright.

Do you track and pay maintenance fees?

No. The USPTO requires maintenance payments at 3.5, 7.5, and 11.5 years after issuance, and clients are solely responsible for monitoring and paying them. We provide resources to help you calendar them, and the USPTO sends its own notices to the correspondence address of record.

Will you enforce my patent if someone copies me?

Patent litigation is outside this firm's practice, deliberately. If you ever face an infringer, you will get a referral to qualified litigation counsel, and a patent that was drafted by someone with well over 100 federal IP cases behind him, written for exactly that fight.

Will you help me license or sell my patent?

Licensing and commercialization are outside the practice, but referrals are available. The patent itself, with claims drafted for strength, is the foundation that makes those conversations possible.

Getting started

How fast can we start?

Usually within a day or two. Book the free readiness call, and if your invention is ready, Step 2 can typically begin as soon as the engagement is signed and the materials are uploaded.

Can we talk before Step 1 without booking?

All preliminary discussions happen through the Step 1 call, which is currently free, so there is nothing to lose by booking it. This keeps every inquiry confidential, structured, and useful, instead of an email thread that helps no one.

I already worked with another attorney. Can you take over?

Often, yes. Step 1 works the same way: we assess where things stand, what has been filed or disclosed, and whether the 1-2-3 system fits your situation.

How do I get started?

Book the free Step 1 readiness call. Bring your idea and your questions, and get a straight answer about where you stand.

Still have a question?

Ask it on the free call.

The Step 1 readiness call exists for exactly this. Bring every question on this page and ten more.

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