Top 10 Questions to Ask Your Patent Attorney Before Filing

When you’re preparing to protect your invention, the first person you’ll want by your side is a patent attorney. Choosing the right one can mean the difference between securing strong intellectual property rights and leaving your innovation vulnerable. But how do you know if you’re asking the right questions?

At IP Consulting Group, we often tell founders and inventors: the quality of your patent journey starts with the questions you ask. Let’s walk through the top 10 questions you should ask your patent attorney before filing—and why they matter.

1. What Experience Do You Have in My Industry?

Every invention has its own challenges. A biotech innovation is different from a SaaS platform or a medical device. Asking about industry experience helps you find a patent attorney for startups and inventors who understands the nuances of your field.

Why it matters: Industry-specific attorneys know the prior art, the typical examiners, and the competitive landscape—making your filing stronger from the start.

2. What Is the Patent Filing Process Like?

The process can feel overwhelming, especially for first-time inventors. A trustworthy attorney will walk you through stages like prior art searches, drafting, office actions, and approvals.

Tip: Ask for an overview in plain English. If your attorney can’t explain the patent filing process with an attorney clearly, that’s a red flag.

3. How Long Will It Take to Secure My Patent?

Timelines vary by industry, complexity, and jurisdiction. A clear answer on timelines helps you plan your business milestones and fundraising.

Keyword Value: Many inventors search for “how long does it take to get a patent with an attorney,” so make sure you get clarity early on.

4. What Are the Costs Involved?

Patent costs can surprise inventors. Ask for a transparent breakdown of fees, including government fees, attorney fees, and potential additional costs like responses to office actions.

Why it matters: Founders often ask, “how much does it cost to hire a patent attorney?”—getting an upfront answer keeps your budget realistic.

5. Do I Need a Provisional or a Non-Provisional Patent?

A provisional patent gives you a “placeholder” filing date, while a non-provisional is the full application that gets examined. A good attorney will advise which makes sense based on your invention’s readiness and business goals.

Keyword placement: Many innovators look for the difference between provisional vs non-provisional patent with an attorney, so get this clarified before filing.

6. How Will You Handle Prior Art Searches?

Prior art—the record of existing inventions—can make or break your patent. Ensure your attorney conducts a thorough search before drafting.

Pro Insight: Look for someone who explains how they’ll analyze prior art, not just collect it. This is where a skilled patent attorney for inventors adds value.

7. What Happens If My Patent Is Rejected?

Rejections are common. The key is how your attorney responds. Ask if they’ll file responses, amend claims, or appeal decisions.

Tip: Search trends show that inventors often ask, “what happens if my patent application is rejected by an attorney?” The right lawyer will already have a strategy.

8. Will You Help Me Build a Patent Strategy, Not Just a Filing?

A patent isn’t just paperwork—it’s part of your competitive moat. Ask if your attorney will help build a broader IP strategy: defensive filings, licensing opportunities, and litigation protection.

Keyword note: Look for someone who positions themselves as a strategic patent attorney for business growth, not just a filer.

9. How Do You Communicate With Clients?

Patents can take years to secure. That means you’ll be working with your attorney long-term. Ask about response times, communication style, and updates.

Story tip: A founder once told us, “I felt like my attorney filed the patent and disappeared.” Don’t let that be your story—clarity on communication avoids frustration.

10. What’s the Biggest Mistake Inventors Make in the Filing Stage?

The best attorneys don’t just answer questions—they teach. This question helps you tap into your attorney’s experience with common pitfalls.

Examples include: disclosing inventions too early, skipping a prior art search, or underestimating the scope of claims. A seasoned patent attorney for inventors and startups will guide you away from these traps.

Wrapping Up

Filing a patent is one of the most important steps you’ll take as an innovator. By asking these questions upfront, you’re not just hiring legal help—you’re building a partnership that can safeguard your invention for decades.

At IP Consulting Group, we specialize in guiding inventors, startups, and businesses through the complex world of patents. From strategy to filing to defense, we’re here to ensure your innovation is protected with precision.

👉 Schedule your free consultation today and speak with our best patent attorney to protect your invention.

Share this blog on