Patent attorney serves as counsels to corporations or individuals. Patent attorney helps determine if the invention is patentable. Patent attorney does this by evaluating the invention. Depending on the result of the evaluation, patent attorney advises the client as to whether a patent application should be filed on the invention. During the evaluation phase, patent attorney conduct in-depth investigation into the technical field involved, including study of the closest prior patents and references and a comparison with the invention to identify differences.

When you desire patents for inventions it is understood that one needs to undergo several stages before finally acquiring the much coveted patent. The law recognizes five “rights” periods in the life of patents for inventions. These five periods one undergoes in acquiring patents for inventions are:
1. Invention conceived but not yet documented. This is the phase in applying patents for inventions when an inventor conceives an invention, but has not yet made any written, signed, dated, and witnessed record of it.
2. Invention documented but patent application not yet filed. After making a proper, signed, dated, and witnessed documentation of in applying patents for inventions the inventor has valuable rights against any inventor who later conceives the same invention and applies for a patent. This phase enables the inventor the legal right to sue and recover damages against anyone who immorally learns of the invention (for example, through industrial spying).
3. Patent pending (patent application filed but not yet issued). During the patents for inventions pending period, including the one-year period after a provisional patent application is filed the inventor can sue and recover damages against anyone who uses the invention.
4. In-force patent (patent issued but hasn’t yet expired). After the patent issues, the owner of the patents for inventions can bring and maintain a lawsuit for patent infringement against anyone who makes, uses, or sells the invention without permission.
5. Patent expired. After the patent expires, the owner of patents for inventions has no further rights. An expired patent remains a valid “prior-art reference” forever.

In order to file a patent you must make a choice. This is whether to hire a lawyer to file a patent or to do it on your own. In hiring a lawyer to help you file a patent you should be ready to spend money. Patent lawyer could charge a minimum of $5,000. But the process on how to file a patent remains the same whether you hire a lawyer or not.