I have been talking to many startups, many CEOs and many CTOs. Most of them are already working with a Patent Attorney firm.
When I ask something like “Oh, that’s a very well-known firm, who is your Patent Attorney there?”, interestingly, almost all of them are Partners, Senior Partners and so on. If you think about it, it quite surprising… What business does an IP veteran has spending tens of hours drafting patent applications for pre-seed or seed startups?! Well, maybe it’s true, you never know, stranger things had happened.
Then I usually get to review one or two patent applications “drafted” by the Senior Partner, and, well, something doesn’t add up. There is no way someone that renowned, that experienced, drafted this application. No way.
Long story short – the Senior Partner was the “bait”, but now someone else, the “switch”, is doing all the work. Here are several signs to look for:
1. The emails you get have someone you don’t know in “CC:”,
2. The drafts you get have someone you don’t know in the “Comments” and “track changes”,
3. Your technology is not challenged, if you say it works – it works,
4. Your invention is not challenged, if you say it’s new – it’s new,
5. You don’t get urgent phone calls on specific nuances of your invention,
6. You don’t get requests for additional data and experimental support,
7. The final application seems quite familiar – it’s pretty much what you sent, just worded a little differently, with some strange words no one uses in real life.
Conclusion: how to know who is Really Drafting Your Patent?
- Real senior partners challenge your tech and your invention—if they’re silent, that’s a red flag.
- Drafts that echo your original text too closely suggest little real legal input.
- Names in CCs and comments you don’t recognize? You’re not working with who you think.
If you are a founder and want to make sure you are getting Partner-level work for your Partner-level bills, let’s talk.
