Experts can help first-time inventors over patent hurdles

Thomas Edison famously said "genius is 1 percent inspiration, 99 percent perspiration."

Perhaps Edison should have carved out a couple of percentage points for figuring out how to get a patent.

Hiring a patent attorney can cost as much as $10,000 for a utility patent, the most common form. That covers "any new and useful process, machine, article of manufacture or composition of matter, or any new and useful improvement thereof," according to the U.S. Patent Office.

The less common but cheaper alternative is a design patent, which covers "a new, original and ornamental design for an article of manufacture."

Either way, experts say a visit to a patent attorney is an important step for any inventor.

"I would absolutely encourage individual inventors to work with a patent attorney, whether it's a solo practitioner or a firm," said Bill Munck, a patent lawyer with Dallas' Munck Carter LLP.

Robert Wise, a former patent examiner with the Patent Office, said knowing the different types of patents is just one of the skills needed to navigate the process.

"In my experience, I have never yet met a single person who has benefited by an invention marketing company," Wise said. "And I have met a lot of people who paid a lot of money to one of those companies and got nothing in return."

Many invention companies charge the full $10,000 an inventor might pay for a utility patent but only secure a design patent, said Wise, who is president of the Texas Inventors' Association.

Also, the companies often promise detailed marketing plans and to contact large companies that might be interested in licensing the invention. But the marketing plans are often basic, outdated templates, and the corporate contacts involve nothing more than spam e-mails that are usually ignored.

The Patent Office has warnings on its website about the prevalence of these scams and offers a list of companies that have been investigated or fined by the Federal Trade Commission.

The large fees and long wait times for securing a patent can push many inventors to unscrupulous patent firms. But experts say inventors are better off negotiating with their patent lawyer.

Munck said he'll generally find a way to work with a client who has a cool invention and determination to succeed, even if payment has to wait.

Munck Carter worked with McKinney, Texas-based Words With Friends maker Newtoy Inc. to get a patent on its popular online game. Munck said brothers Paul and David Bettner displayed the passion that most patent attorneys realize can result in a payoff down the road.

"If somebody comes to you with an invention they're excited about, if you care about your craft, you're going to be excited about it," Munck said. "They're bringing you what they consider their baby, and you should want to see it the same way. That's our job."

Even a patent attorney can't promise a quick result, though.