🇺🇸 USA · Intellectual Property · 10 min read

Patent Filing Attorney Guide — Patent Searches, Provisional Applications and USPTO Costs

By the American Counsel legal team · Updated October 2026

You have an invention. Now you need to protect it before someone else does. A patent filing attorney helps you decide whether to patent, what to file and when.

Patents are powerful but technical. Utility patents can last 20 years from filing, giving you the right to exclude others. However, the application must describe the invention precisely and claim it carefully. Therefore, the drafting decides how strong your protection is.

This guide explains patentability searches, provisional and non-provisional applications, costs and how to protect your invention before filing.

Is your invention patentable?

To be patentable, an invention must be new, non-obvious and useful. It must also be patent-eligible subject matter. Abstract ideas and laws of nature alone are not.

A prior art search checks whether similar inventions already exist. Consequently, it helps you decide whether filing is worthwhile. Our patent search service reviews patents and publications and summarizes the risks.

Timing and disclosure

In the United States, there is generally a one-year grace period after your own public disclosure. However, many countries have no grace period. Therefore, file before you disclose if foreign protection matters.

Provisional vs. non-provisional applications

A provisional application secures a filing date at lower cost. It does not become a patent itself. Instead, you have 12 months to file a non-provisional application that claims its benefit.

The non-provisional application is examined by the USPTO. It needs a full specification, drawings and claims. Moreover, the claims define the legal scope of protection. As a result, they deserve the most careful drafting.

A patent consultation helps you choose the right filing strategy and budget.

Patent costs

Patent costs include drafting, USPTO fees and prosecution. USPTO fees are lower for small and micro entities. Furthermore, complex technologies such as medical devices and software usually cost more to draft.

Prosecution often involves office actions. Each response adds cost. Consequently, a well-drafted application can reduce long-term expense. Our IP deadline monitoring service tracks every deadline.

Protecting and using your invention

Before talking to manufacturers or investors, use a non-disclosure agreement. Additionally, make sure inventors assign rights to the company with an IP assignment.

Once protected, you can license your invention. Our licensing agreement service drafts royalty and scope terms. For brand protection, see our guide to federal trademark registration.

Our Patents services in the USA

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Patent consultation in the USA

A confidential 60-minute phone or video consultation with a licensed US attorney about patenting your invention. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 60-minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Patent consultation — $499 See what's included →

Patent Search (Basic) in the USA

A prior-art search of patents and publications with a summary of the closest references to your invention.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 14 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Patent Search (Basic) — $3,000 See what's included →

IP consultation in the USA

A confidential 45–60 minute phone or video consultation with a licensed US attorney about protecting your intellectual property. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order IP consultation — $399 See what's included →

NDA / Non-Disclosure Agreement in the USA

Mutual or one-way NDA with DTSA whistleblower notice.

Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order NDA / Non-Disclosure Agreement — from $29 See what's included →

IP Assignment Agreement in the USA

Assign patents, copyrights, code and trademarks.

Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order IP Assignment Agreement — from $79 See what's included →

Licensing Agreement in the USA

A license of your trademark, copyright, content or technology with scope, royalties, quality control and termination.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Licensing Agreement — $699 See what's included →

IP Docketing & Deadline Monitoring (monthly) in the USA

A month of docketing and tracking renewal, maintenance and response deadlines across your trademark and IP portfolio.

It includes handled by experienced US paralegals, supervised by attorneys, secure file exchange through your dashboard, fixed fee — no open-ended hourly billing. Moreover, it is usually ready in 30 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order IP Docketing & Deadline Monitoring (monthly) — $500 See what's included →

Patents services near you — every state we cover

Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.

Patents help in California

We prepare patents documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see Patent consultation in Los Angeles, Patent consultation in San Diego, Patent consultation in San Francisco. Similarly, see Patent Search (Basic) in California.

Patents help in Texas

We prepare patents documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see Patent consultation in Houston, Patent consultation in Dallas, Patent consultation in San Antonio, Patent consultation in Austin. Similarly, see Patent Search (Basic) in Texas.

Patents help in Florida

We prepare patents documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see Patent consultation in Miami, Patent consultation in Orlando, Patent consultation in Tampa. Similarly, see Patent Search (Basic) in Florida.

Patents help in New York

We prepare patents documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see Patent consultation in New York City, Patent consultation in Brooklyn. Similarly, see Patent Search (Basic) in New York.

Patents help in Illinois

We prepare patents documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see Patent consultation in Chicago. Similarly, see Patent Search (Basic) in Illinois.

Patents help in Georgia

We prepare patents documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see Patent consultation in Atlanta. Similarly, see Patent Search (Basic) in Georgia.

Patents help in Arizona

We prepare patents documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see Patent consultation in Phoenix. Similarly, see Patent Search (Basic) in Arizona.

Patents help in Pennsylvania

We prepare patents documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see Patent consultation in Philadelphia. Similarly, see Patent Search (Basic) in Pennsylvania.

Patents help in Washington

We prepare patents documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see Patent consultation in Seattle. Similarly, see Patent Search (Basic) in Washington.

Patents help in Colorado

We prepare patents documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see Patent consultation in Denver. Similarly, see Patent Search (Basic) in Colorado.

Patents help in Massachusetts

We prepare patents documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see Patent consultation in Boston. Similarly, see Patent Search (Basic) in Massachusetts.

Patents help in Nevada

We prepare patents documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see Patent consultation in Las Vegas. Similarly, see Patent Search (Basic) in Nevada.

Patents help in New Jersey

We prepare patents documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see Patent consultation in Newark. Similarly, see Patent Search (Basic) in New Jersey.

Patents help in North Carolina

We prepare patents documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see Patent consultation in Charlotte. Similarly, see Patent Search (Basic) in North Carolina.

We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.

Patent consultation in every state

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

Frequently asked questions

How long does a patent last?

A utility patent generally lasts 20 years from the filing date of the non-provisional application, subject to maintenance fees.

What is a provisional patent application?

A lower-cost filing that secures a priority date. You must file a non-provisional application within 12 months to keep that date.

Do I need a patent search before filing?

It is strongly recommended, because it shows whether your invention is likely to be new and non-obvious.

Can I talk about my invention before filing?

It is safer to file first or use an NDA. The U.S. has a one-year grace period, but many countries do not.

Do you help inventors in every state?

Yes. Patents are federal, and we support inventors and companies in all 50 states.

Contact American Counsel

📞 Phone / WhatsApp: +1 (217) 426-5403 · Chat on WhatsApp
✉ Email: support@american-counsel.com
🌐 Service area: online across all 50 US states and Washington, D.C.
🕑 Response: most enquiries answered the same working day

Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.

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