How to Find an IP Attorney for Your Startup
Start by deciding what you need protected. Trademark work needs a lawyer licensed in a U.S. state, found through state bar directories and referrals. Patent work needs a practitioner registered with the USPTO, either a patent attorney or a patent agent. Check registration or bar standing, ask about experience in your field, compare fee structures, and talk to two or three before choosing.
Startup lifecycle A to Z · Letter H · Stage: Build
Why the right IP professional matters
Intellectual property (IP) is the set of legal rights over names, inventions, creative work and secrets. For a startup, those rights often make up a large share of what the company owns. A mistake in how they are claimed can be hard or impossible to fix later: a patent application with a weak description cannot be rewritten after filing to add new matter, and a trademark filed in the wrong name or for the wrong goods can leave the brand exposed.
The trouble is that "IP lawyer" is not one job. A person who is excellent at drafting patent applications may never have filed a trademark. A trademark specialist may not be allowed to draft a patent at all. Hiring the wrong kind of professional, or hiring the right kind without checking, is one of the more avoidable early mistakes.
This guide explains who does what, how they are paid, how to check that they are who they say they are, and a step by step way to run a search that takes a couple of weeks rather than a couple of months. It is U.S.-focused. If you plan to protect your brand or invention in other countries, see international IP protection for startups, because foreign filings usually involve local counsel.
The three kinds of professional, and what each can do
Most founders need to know about three roles. The legal terms are different for each, and so is the way you find and check them.
Trademark attorney
A trademark attorney is a lawyer licensed in at least one U.S. state who handles brand protection: searching whether a name is available, filing an application with the USPTO (the United States Patent and Trademark Office), answering objections from the examining attorney, and advising on disputes. There is no separate USPTO exam for trademark practice. The lawyer's authority comes from their state bar license. Many trademark attorneys also handle copyright, licensing and general business contracts.
Registered patent attorney
A registered patent attorney is a licensed lawyer who has also passed the USPTO registration exam, which requires a technical or scientific background. They can prepare and file patent applications, argue with patent examiners, and also do things only a lawyer may do: give legal opinions on whether a product infringes someone else's patent, draft and negotiate licenses and assignments, and represent clients in litigation (subject to the court's own admission rules). If you want to understand the career behind this role, Wysebridge's patent attorney career guide lays it out.
Registered patent agent
A registered patent agent has passed the same USPTO exam and has the same technical background requirement, but is not a lawyer. Agents can prepare, file and prosecute patent applications before the USPTO. They generally cannot give legal opinions on infringement, negotiate or draft legal agreements as legal practice, represent clients in court, or handle trademarks. Wysebridge's patent agent career guide describes what agents do day to day.
Side by side
| Trademark attorney | Registered patent attorney | Registered patent agent | |
|---|---|---|---|
| Licensed by | A state bar | A state bar and the USPTO | The USPTO only |
| Files trademark applications | Yes | Only if they also practice trademark law | No |
| Files patent applications | No, unless also registered with the USPTO | Yes | Yes |
| Gives legal opinions (such as infringement) | Yes, within their field | Yes | Generally no |
| Drafts licenses, assignments, contracts | Yes | Yes | Generally no |
| Can litigate | Yes, if admitted to the court | Yes, if admitted to the court | No |
| Where to find them | State bar directories, referrals | USPTO roster, referrals | USPTO roster, referrals |
For a deeper comparison focused on patent work, including when an agent is enough, read patent attorney or patent agent for startups. This guide stays broader on purpose: it covers trademark and general IP counsel too.
Where to look: trademark counsel versus patent practitioners
Finding a trademark attorney
Trademark attorneys are found through state bar directories and referrals. Each state bar has a lawyer search, and many let you filter by practice area. Your most reliable leads are usually people: founders in your network, your accelerator or incubator, your startup's business lawyer who forms your company, or a local law school's entrepreneurship clinic. Ask who filed their trademark and whether they would use the same person again.
Wysebridge's practitioner directory covers USPTO-registered patent attorneys and agents only. It is not a trademark attorney directory, so do not use it to find one. For learning what trademark counsel will be doing for you, Wysebridge's free trademark law guide walks through searching, registration and office actions, which makes your first call much more productive. The related article how to trademark your startup name covers the filing process itself.
Finding a patent attorney or agent
Patent practitioners are different because the USPTO publishes a public roster of everyone registered to practice before it. Wysebridge's directory of USPTO-registered patent attorneys and agents is built from that roster, and its map of registered practitioners by state and city helps if you want someone nearby. Founders who would rather start from a firm than an individual can browse the directory of U.S. patent law firms, which lists the registered attorneys and agents at each. The USPTO's own roster search is the official source for verification.
How IP lawyers charge: flat fee, hourly and staged
Fees vary a great deal by city, firm size, the complexity of the work and the experience of the person. This guide does not quote amounts because any number would be out of date or misleading. What you can learn quickly is the structure, and structure tells you who carries the risk of surprises.
| Fee model | How it works | Good for | Watch for |
|---|---|---|---|
| Flat fee | One agreed price for a defined task, such as a trademark search and filing | Predictable, repeatable work | What is excluded: responses to objections, extra classes, government fees |
| Hourly | You pay for time at the rate of each person who works on it | Open-ended work: disputes, negotiations, advice | Rate differences between partners and associates, minimum billing increments, no cap |
| Staged or phased | Fixed or estimated price per step, such as search, then filing, then each response | Patent and trademark prosecution, where later steps depend on results | Whether estimates are firm, and when you can stop |
| Subscription or retainer | Regular payment for access to a set amount of advice | Ongoing startup legal needs | What the retainer covers and what happens to unused time |
Government fees are separate
Almost every quote has two parts: the professional's fee and the government's filing fees. Government fees are set by the USPTO and change over time, so check the current schedule on the USPTO site rather than trusting an old blog post. The one figure worth knowing for context is that the USPTO base trademark application fee is $350 per class of goods or services. Our article on trademarking your startup name covers the filing steps, and the USPTO fee page has the current schedule. Ask your attorney to show government fees as a separate line.
How to vet a candidate before you hire
Vetting takes about an hour per candidate and prevents the worst outcomes. Do these checks in order.
1. Verify the credential
- For a patent attorney or agent: search the USPTO's roster of registered practitioners by name and confirm that the person is listed as active. The roster also shows whether the person is an attorney or an agent. The link is in the sources below.
- For a trademark attorney (or any attorney): look the person up on the state bar's website and confirm they are licensed and in good standing. Check whether there is any public discipline record. A name on a firm website is not proof.
- For anyone using a title like "patent expert" or "IP consultant": they may be neither. Ask directly whether they are a licensed attorney or a USPTO-registered practitioner. Only licensed or registered people can represent you before the USPTO in the relevant matter.
2. Check relevant experience
Ask how many matters like yours they have handled, in your technology or industry, in the last few years. A software startup and a medical device startup need different people. For patents, technical background matters because someone has to understand your invention well enough to describe it precisely. For trademarks, ask whether they regularly handle applications in your field and how they handle objections.
3. Run a conflicts check
A conflict of interest arises if the firm already represents a competitor, an investor with an opposing interest, or the other side of a dispute. Reputable firms check this before taking you on. Ask about it, and tell them the names of the main companies you compete with or plan to partner with, under a confidentiality agreement or the lawyer's duty of confidentiality, so they can check properly.
4. Confirm confidentiality before you disclose
Communications with your own lawyer are generally protected by attorney-client privilege, but a candidate you have not yet hired is a grey area. Keep the first call high level. Before you share technical details of an invention, confirm the engagement is in place or the lawyer has agreed in writing to keep it confidential. This matters for patents in particular, and the same logic runs through trade secrets and NDAs for startups.
Questions to ask an IP lawyer on the first call
Treat the first conversation as an interview. Good questions include:
- Are you licensed in a U.S. state, registered with the USPTO, or both? What is your registration or bar number?
- How many matters like mine have you handled recently, and in which industries?
- What would you recommend as a first step, and why that rather than something larger or smaller?
- How do you charge for this work: flat, hourly or staged? What is included, and what would cause the price to change?
- What government fees should I expect on top of your fee, and when are they due?
- Who will do the work, and who will I speak to when I have a question?
- How do you handle conflicts of interest, and have you worked for any of my competitors?
- What will you need from me, and how long does each step usually take?
- What are the main risks you see in my plan, including the ones I have not asked about?
- If I want to stop after the first step, what happens and what do I own?
Pay attention to how they answer, not only what they say. A good professional explains trade-offs, tells you what they do not know, and will say plainly if you do not need what you came in asking for. For example, a founder asking about a patent may be told that a trade secret or a trademark is the better first move. If you want to know in advance whether a patent is even a fit for software, do I need a patent for my app is a good primer.
Red flags and scams to avoid
Startups attract a particular kind of bad actor. Walk away or slow down if you see any of these.
Invention promotion companies
Some companies advertise to inventors with broadcasts, cold calls or online ads, offer to "evaluate" or "promote" an idea, and charge large up-front fees for reports, marketing or "submission to industry". The USPTO and the Federal Trade Commission have both warned about invention promotion schemes. A genuine patent professional does not promise to find a buyer for your idea. If a company offers to do the patent work and the promotion together under the same contract, treat that as a prompt to check them with the USPTO roster and your state attorney general or consumer protection office.
Guaranteed outcomes
No honest professional can guarantee that a patent will be granted or that a trademark will register. The examiner decides. A lawyer can say what is likely and what the risks are. Anyone who promises a result is either misleading you or does not understand the system.
Pressure to file fast
There are real deadlines in IP, and a good lawyer will tell you about them. But pressure to sign today, pay a large retainer this week or file before you understand the options is a warning sign. Compare it to genuine urgency: a public launch that will start a patent clock, or a competitor about to file the same name.
A step by step search process
This is a simple process that most founders can finish in two to three weeks, alongside other work.
- Decide what you need. Write down which assets you want protected: the name and logo (trademark), an invention (patent), written or coded work (copyright), or confidential know-how (trade secret). If you are unsure, an hour with a general startup lawyer is a good first call. Our startup IP audit checklist helps you list what you have.
- Match the need to the role. Trademark or copyright: a licensed attorney. Patent: a USPTO-registered attorney or agent. Contracts and disputes: an attorney.
- Build a short list of three to five names. Use referrals first, then the state bar directory for trademark and the USPTO roster for patent practitioners. Wysebridge's directory of registered patent attorneys and agents is one way to browse the public roster.
- Verify credentials. Roster search for patent practitioners and state bar lookup for attorneys. Remove anyone you cannot confirm.
- Book short introductory calls. Use the questions above and ask for a written scope and fee.
- Compare in writing. Put the quotes in one table: scope, fee model, government fees, who does the work, timeline. Cheapest is rarely the same as best value.
- Check fit. You will work with this person over months or years. Pick someone who explains things clearly and answers messages.
- Sign an engagement letter before sharing confidential details, and keep a copy in your company records.
If you are on a tight budget, ask whether a phased approach makes sense. For example, a patent professional may suggest a provisional application first, as covered in provisional patents for startups, and a trademark attorney may recommend a clearance search before any filing. Some law schools and state or local bar associations also run low-cost or free clinics for early-stage founders. Availability varies by location.
Where this fits in the startup lifecycle
Hiring IP counsel is a Build stage step in the A to Z series. You do not need an IP lawyer on day one, but you want the relationship in place before you file anything, disclose an invention, or sign something significant. The guide before this one, international IP protection for startups, covers what changes when you protect IP outside the U.S. After this comes trade secrets and NDAs for startups, which is about the secrets you keep rather than the rights you file for.
For the whole sequence from idea to exit, see the startup lifecycle A to Z. If you want to understand IP well enough to follow what your lawyer tells you, Wysebridge's self-study course on U.S. IP law covers patents, trademarks, copyright and trade secrets. None of this replaces advice from a licensed attorney or registered practitioner who knows your facts.
Frequently asked questions
How do I find a trademark attorney for my startup?
Use state bar directories, referrals from other founders, your accelerator and your business lawyer. Confirm the person is licensed and in good standing with the state bar, ask how often they file trademarks in your field, and get the fee and scope in writing. The USPTO patent practitioner roster does not cover trademark attorneys.
What is the difference between a patent agent, a patent attorney and a trademark attorney?
A trademark attorney is a state-licensed lawyer who handles brand matters. A patent attorney is a lawyer who has also passed the USPTO registration exam. A patent agent has passed the exam but is not a lawyer, so can prosecute patents but generally cannot give legal opinions, draft contracts as legal practice, handle trademarks or litigate.
How do I verify that a patent attorney or agent is registered?
Search the USPTO's public roster of registered practitioners by name and confirm that the listing is active and shows attorney or agent. For an attorney, also check the state bar for good standing. Be cautious of anyone who cannot give you a registration number or who calls themselves an expert without a credential.
Is a flat fee or hourly rate better for an IP lawyer?
Neither is better in every case. Flat or staged fees suit defined, repeatable work like a trademark filing, because you know the cost in advance. Hourly suits open-ended work like negotiations or disputes. Whichever you choose, get the scope in writing, learn what is excluded, and see government fees as a separate line.
How much does an intellectual property lawyer for startups cost?
It varies widely with the city, the firm, the experience of the lawyer and the complexity of the work, so any single number would mislead. Ask two or three professionals for written quotes for the same task, and ask which parts are flat, which are hourly and what government fees come on top.
What are red flags when hiring a patent or IP lawyer?
Guaranteed results, pressure to sign or file immediately, vague answers about who does the work, no written scope, refusal to give a bar or registration number, and companies that bundle idea promotion with patent services. If a company contacts you unsolicited and asks for large up-front fees, check it carefully before paying.
Can I use one lawyer for trademarks, patents and contracts?
Sometimes. A firm may offer all three, but the individuals matter. The person filing your patent must be a registered practitioner with a fitting technical background, and the person handling your trademark must be a licensed attorney. Ask who will do each piece rather than relying on the firm's name.
Key terms on this page
Keep reading
- Patent Attorney vs Patent Agent for a Startup IP guidePatent attorney vs patent agent: what each can do, how costs differ, how to hire one for your startup, and how to verify a practitioner on the USPTO roster.
- Employee Invention Assignment Agreements for Startups GuideEmployee invention assignment agreement basics: what employees, contractors and interns sign on day one so your startup owns the IP they create.
- Trade Secrets for Startups: NDAs and Secrecy Steps IP guideTrade secrets for startups: what qualifies, what reasonable secrecy measures look like, when to use an NDA, and whether investors will sign one.
- Startup Legal Checklist: What to Handle Early GuideStartup legal checklist for first-time founders: entity, founder agreements, IP, EIN, licenses, contracts and privacy. A starting point for an attorney talk.
- Startup IP Audit Checklist: Find Gaps in 90 Minutes GuidePractical IP audit checklist for startups: inventory names, code, inventions, data, content, agreements and open source, with scoring and a 90 minute workflow.
Learn more from Wysebridge
Wysebridge owns, operates and sponsors Revolutionary Startups, so these are links to its own free resources and directories. Read the disclosure.
- Find a USPTO-registered patent attorney or agentProfiles of USPTO-registered patent attorneys and agents, built from the public USPTO roster. Covers patent practitioners, not trademark-only lawyers.
- Patent attorneys and agents near you (map)Pick a state, then a city, to see registered patent practitioners and firms there.
- Patent law firm directoryPatent law firms in the U.S. and the USPTO-registered attorneys and agents at each.
- Patent attorney career guideThe path to becoming a patent attorney: JD, the Patent Bar and building a practice.
- Wysebridge trademark law guideFree guide to U.S. trademark law: searching, TSDR, registration, office actions and TTAB disputes.
Part of Protecting Your Startup · All guides · Glossary
Sources
- USPTO: Finding a patent practitioner
- USPTO: Search registered patent practitioners
- USPTO: How much does a trademark cost?
General information, not legal, tax or financial advice. Reviewed 11 November 2026.