Patenting an idea is without question one of the most challenging aspects of launching a business in Dallas, Texas. Navigating the often-times daunting realm of laws, fees, and regulations associated with intellectual property ownership and protection can be difficult and time-consuming for even the most experienced entrepreneurs. That’s why many choose to partner with experienced business lawyers local to the Dallas area to help them make sense of the complex and detailed legal system that exists.

Fortunately, there are companies like UpCounsel Dallas that are committed to providing businesses with access to professional and affordable legal advice from some of the best local attorneys. Their network of experienced lawyers has established an incredible reputation within the Dallas area, providing top-tier legal services to companies of any size. Whether you’re looking for a one-time consult or a freelance legal department, UpCounsel Dallas’ attorneys will have you covered.

This article aims to equip you with the essential information and components needed to file for a patent of an invention, idea or product in Dallas.

Components of Patent Protection

It’s important to understand the essential components of protecting your idea or product with a patent before getting started. A patent is a legally enforceable right to exclude others from using, making, or selling a product or invention.

Patent protection comprises of three main components:

Competency: A patent needs to be in a category deemed “competent” by the United States Patent and Trademark Office (USPTO). This means the idea must be original or novel, have some practical applications and can’t be similar to any existing patent.

Utility: A useful and undeniable utility must be exhibited by the idea in a claimable manner. Meaning, your product must be able to solve a particular problem within the industry.

Novelty: The idea or invention must be non-obvious which simply means it should possess features that are markedly different from anything else securely protected by a patent.

Requirements to File a Patent

Filing a patent is a lengthy and often complicated process so it’s important to understand the requirements you must adhere to when applying. In the United States, those wishing to file a patent must meet the following conditions:

Have a definite and permanent residence in the US or the country of application

Be a US citizen or have a purpose legal residency in the country of application

Be of legal age to carry out information and agreements

Legally own the rights to the said invention and refrain from public disclosure of it before filing the patent application

Declare to the Patent Office that you are the inventor of the said product or invention

Price and Other Costs of Filing a Patent

In the US, filing a patent, including examination costs, Application for Patent file and Attorney's fees, usually ranges from $5,000 to $25,000, depending on the complexity of your invention. It’s important to bear in mind that post-issuance costs may also apply, including maintenance fees, publication costs, and an assignment or licensing fee, in addition to other costs.

Also, keep in mind that if you are filing in Dallas specifically, you may be required to pay state-level as well federal-level filing fees, since it is a major city for business in the United States.

Gathering Information for the Patent

In order for you to acquire a patent, you will need to have complete technical information about the invention you want to patent. So, it’s vital that you thoroughly understand the technology involved before you submit your application. You should be able to present detailed drawings, schematics and descriptions of the invention to the patent examiner.

Gathering all the necessary information to file a comprehensive patent is usually the most time-consuming aspect and requires a great amount of expertise from a professional.

Using an Attorney to File Your Patent Application

One of the most important steps in the process for patenting an invention in Dallas is to hire an attorney who can help you navigate the complexities of the filing process. Working with an experienced patent attorney is invaluable when filing for a patent as the level of complexity and regulation associated with this process requires an experienced professional.

To make sure you have the best experience possible, be sure to research any lawyer you are interested in working with to make sure they specialize in the type of patent you're filing. Look at their ratings, reviews, portfolio, website or the UpCounsel Dallas network of experienced attorneys.

In Conclusion

The process to patent an invention or a business idea can be overwhelming and often even intimidating. It is recommended to partner with a business law firm that can help guide and advise you throughout the entire process. That’s why companies like UpCounsel Dallas are ideal for navigating this process as they have built their reputation around providing top-tier legal services for companies in the Dallas area.


Patenting an Idea,

Business Idea Patent,

Obtaining a Patent