# AI and machine learning patent attorneys for tech startups

> Flat-fee machine learning patent attorney services for AI and tech startups. Start with a $999 patentability search, refunded if it isn't patentable.

Page: https://arapackelaw.com/industries/ai-machine-learning/  
Title: AI and Machine Learning Patent Attorney | Rapacke Law Group  
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We protect the model, the method behind it and the product name, claimed as a technical improvement. One flat fee for each step.

- $999 patentability search
- No hourly billing
- Registered patent attorneys

## For the people who build with AI.

From a two-person model team to a company adding AI to a product it already sells, the work starts the same way. Find out what is new, then protect it before it ships or gets published.

- **AI startups** Founders whose product is the model or the pipeline around it, protected before the first investor meeting or launch.
- **Companies adding AI features** Teams building AI into a software product they already sell, protecting the features that set it apart.
- **Research and engineering teams** Engineers with new training methods, architectures or ways to run models faster on less hardware.
- **Applied AI teams** Models that read images, signals or transactions, with claims built around the result they produce.

## Four things worth protecting in an AI product.

Most AI products carry more than one kind of protection. A patent on how the system works, a design patent on how its interface looks and a trademark on its name each stop a different kind of copy.

### The model and how it is trained (utility patent)

New architectures, training methods and ways of preparing data, claimed as the technical steps that make the model work better rather than the math alone.

- Model architectures
- Training and fine-tuning methods
- Data preparation pipelines
- Running models on less compute

### AI applied to a real problem (utility patent)

A model put to work on a specific task, such as reading a scan, flagging fraud or controlling a machine, claimed around the technical result it produces.

- Computer vision
- Natural language processing
- Prediction and anomaly detection
- AI agents and automation

### The interface people see (design patent)

The ornamental design of an app screen, an icon or a chat interface, protected for 15 years from grant.

- App and dashboard screens
- Icons
- Conversational interfaces

Covered by The RLG Guarantee (USPTO denies it, full refund).

### The product and model name (trademark)

Clear and file the name before it goes on your website, your app store listing and your API docs, so the name you build a user base on is one you can keep.

- Product and model names
- Company names
- Logos

Covered by The RLG Guarantee (Approved, or your money back).

**Some things stay secret.** Training data, model weights and tuning settings no one can learn from your product may be worth more as trade secrets than as published patents. Your attorney tells you which on your first call.

## Search, provisional, utility. Flat fees at every step.

Every step is quoted before any work begins, and the search fee is credited toward a design or non-provisional application. Most AI founders file a provisional before a launch, a demo or a paper, then the full application within 12 months.

### Start here, Patentability search

**$999** flat fee. Patentable or your money back. Credited toward a design or non-provisional application. Report in about 5 days.

- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Not patentable, full refund).

### Then, Provisional patent

**$2,500 to $3,500** flat fee. . Patent pending the day it is filed.

- A strategy call to capture how the system works
- Flowcharts and system diagrams included
- You review and approve it before filing

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Patentability issues, full refund).

### Within 12 months, Non-provisional patent

**$7,000 to $12,000** flat fee. Drawings and USPTO filing fees included. Filed before your 12-month deadline.

- Method and system claims written for examination
- Formal drawings and USPTO filing fees
- Complex systems quoted flat on your call

Flat fee, not covered by the guarantee.

### Alongside the patent

- **Design patent, $3,200.** For an app screen or interface, office actions included. Covered by The RLG Guarantee.
- **Trademark, $2,000.** For the product name, USPTO fee for one class included. Covered by The RLG Guarantee.

## Patent rules for AI. Plan for them from the start.

A patent decides who can make and sell the technology. For AI inventions the USPTO also asks two questions worth planning for, whether the claims are more than an abstract idea and whether a person, not the model, is the inventor.

### Patent, who can make and sell it

1. **Search** ($999). Patentable, or your money back
2. **Provisional** (File first). Patent pending, before any disclosure
3. **Full application** (Month 12). Within 12 months
4. **Examination** (USPTO). The USPTO checks eligibility and novelty
5. **Granted**. Rights you can enforce

### Product, when others see it

1. **Prototype** (Use an NDA). Models, data and test runs
2. **Paper or preprint** (Disclosure risk). Research made public
3. **Beta or demo** (Disclosure risk). Users see it working
4. **Launch**. App, API or platform
5. **Next version**. New features, new filings

**File before you publish or demo.** A preprint, a conference talk, a public code repository or a live demo can make an invention public. The US gives you one year after your own disclosure, but most other countries do not. File at least a provisional first.

- **An algorithm alone is not enough.** Under 35 U.S.C. 101 and the Alice decision, math or a model described on its own is an abstract idea. Claims tied to a technical improvement, such as faster training or a more accurate reading, are what the USPTO looks for. [Can you patent an algorithm](https://arapackelaw.com/patents/ai/can-you-patent-an-algorithm/)
- **People invent, AI is a tool.** Only natural persons can be named as inventors. The USPTO's November 2025 guidance treats AI like any other tool, so keep records of who conceived each part of what you claim. [Can AI be an inventor](https://arapackelaw.com/patents/can-ai-be-an-inventor/)
- **Know where your data came from.** Training data, open source models and the licenses on both affect what you own and what you can file on. Check them before you file, raise money or sign a partnership. [AI training data and IP](https://arapackelaw.com/patents/ai-training-data-acquisition-ip/)

*General information, not legal advice. Eligibility rules for AI change through court decisions and USPTO guidance, so your attorney checks the current standard against your claims.*

## Services for AI and machine learning companies.

One firm for the patent, the brand and the agreements around them.

- [AI patents](https://arapackelaw.com/patents/ai-patent-attorney/) (Markdown https://arapackelaw.com/patents/ai-patent-attorney.md). Patent the model, the training and the AI product.
- [Software patents](https://arapackelaw.com/patents/software-mobile-app-patent/) (Markdown https://arapackelaw.com/patents/software-mobile-app-patent.md). Protect the software and methods around your model.
- [Provisional patents](https://arapackelaw.com/patents/provisional-patents/) (Markdown https://arapackelaw.com/patents/provisional-patents.md). Patent pending while you train and test. Covered by The RLG Guarantee.
- [Design patents](https://arapackelaw.com/patents/design-patents/) (Markdown https://arapackelaw.com/patents/design-patents.md). Protect how the interface looks. Covered by The RLG Guarantee.
- [Trademarks](https://arapackelaw.com/trademarks/) (Markdown https://arapackelaw.com/trademarks.md). Register the product and company name. Covered by The RLG Guarantee.
- [Patent office actions](https://arapackelaw.com/patents/patent-office-actions/) (Markdown https://arapackelaw.com/patents/patent-office-actions.md). Answer eligibility and prior art rejections.
- [IP licensing agreements](https://arapackelaw.com/intellectual-property-licensing-agreements/) (Markdown https://arapackelaw.com/intellectual-property-licensing-agreements.md). License a model or technology in or out.
- [Privacy and data protection](https://arapackelaw.com/privacy-and-data-protection/) (Markdown https://arapackelaw.com/privacy-and-data-protection.md). Policies for the data your models use.

## Before you file.

### Can you patent AI?

Yes, when the claims cover a specific technical improvement rather than an abstract idea. A new way to train a model, run it on less hardware or apply it to a real task can qualify. A model described only as math, or a business process with AI added to it, usually does not. The patentability search tells you where yours stands before you file.

### Can an AI system be named as an inventor?

No. US law requires inventors to be natural persons, as the Federal Circuit held in Thaler v. Vidal in 2022, and the USPTO treats AI as a tool the inventor uses. Inventions made with AI can still be patented when a person conceived what is claimed, so keep a record of who did what as you build.

### Should I patent my model or keep it a trade secret?

It depends on what a competitor can see. Features users can see or work out from the product are often better patented. Training data, model weights and tuning that never leave your servers can stay trade secrets for as long as they stay secret. Many AI companies use both, and your attorney weighs it with you on the first call.

### What does a machine learning patent attorney do?

Finds what is new in your system with a patentability search, drafts claims around the technical improvement, answers USPTO rejections and builds a portfolio that grows with the product. When someone copies a patented feature, the same firm handles enforcement through patent litigation.

### What other legal work does an AI startup need?

Usually business formation, investor agreements, employee and contractor agreements that assign IP to the company, customer and vendor contracts, and NDAs for partners. AI companies also need privacy policies and data agreements that fit laws such as the GDPR and CCPA. We handle these on flat fees alongside the patent work.

### How much does an AI patent cost with your firm?

Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. Every fee is quoted before work begins, and the search fee is credited toward a design or non-provisional application.

### What does The RLG Guarantee cover for AI and machine learning?

The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.

## Your attorneys

- [Andrew Rapacke](https://arapackelaw.com/learn-more/the-team/andrew-rapacke/), Managing Partner, Registered Patent Attorney. Former Naval Engineering Officer. M.S. in electrical and electronics engineering.
- Chris Watt, Registered Patent Attorney, Former USPTO Examiner. Software, AI and machine learning, and MedTech. A full-stack software engineer.

Meet the team at https://arapackelaw.com/learn-more/the-team/

## Go deeper on AI patents.

- [Can You Patent an Algorithm and What Does It Actually Take to Qualify](https://arapackelaw.com/patents/ai/can-you-patent-an-algorithm/)
- [Patent Eligibility for AI Inventions: What Inventors Need to Know](https://arapackelaw.com/patents/patent-eligibility-for-ai-inventions/)
- [Choosing An AI Patent Attorney: Everything You Need To Know](https://arapackelaw.com/patents/choosing-an-ai-patent-attorney/)
- [Can AI Be an Inventor? Intellectual Property in the AI Era](https://arapackelaw.com/patents/can-ai-be-an-inventor/)
- [Using Trade Secret Protection for AI IP](https://arapackelaw.com/trade-secrets/trade-secret-ai-ip/)
- [The Importance of Intellectual Property for AI Makers](https://arapackelaw.com/patents/intellectual-property-ai-makers/)

[All AI articles](https://arapackelaw.com/category/patents/ai/)

## Other industries

- [3D printing](https://arapackelaw.com/industries/3d-printing/) (Markdown https://arapackelaw.com/industries/3d-printing.md). Printers, processes, materials and the products they make.
- [Aerospace](https://arapackelaw.com/industries/aerospace/) (Markdown https://arapackelaw.com/industries/aerospace.md). Aircraft, drones and spacecraft, protected before the first public flight.
- [Autonomous vehicles](https://arapackelaw.com/industries/autonomous-vehicles/) (Markdown https://arapackelaw.com/industries/autonomous-vehicles.md). Sensing, navigation and control systems for vehicles that drive themselves.
- [Blockchain](https://arapackelaw.com/industries/blockchain/) (Markdown https://arapackelaw.com/industries/blockchain.md). Protocols, wallets and the technical methods behind decentralized products.
- [Computer hardware](https://arapackelaw.com/industries/computer-hardware/) (Markdown https://arapackelaw.com/industries/computer-hardware.md). Components, peripherals and the systems that tie them together.
- [Consumer electronics](https://arapackelaw.com/industries/consumer-electronics/) (Markdown https://arapackelaw.com/industries/consumer-electronics.md). Devices people carry and use every day, from how they work to how they look.
- [Consumer products](https://arapackelaw.com/industries/consumer-products/) (Markdown https://arapackelaw.com/industries/consumer-products.md). Everyday products and the brands on them, protected before launch.
- [Cybersecurity](https://arapackelaw.com/industries/cybersecurity/) (Markdown https://arapackelaw.com/industries/cybersecurity.md). Security software and hardware, and what to patent or keep secret.
- [Defense](https://arapackelaw.com/industries/defense/) (Markdown https://arapackelaw.com/industries/defense.md). Defense technology, planned around contracts and export rules.
- [Digital health](https://arapackelaw.com/industries/digital-health/) (Markdown https://arapackelaw.com/industries/digital-health.md). Telehealth, remote monitoring and health apps, built around patient data.
- [E-commerce](https://arapackelaw.com/industries/ecommerce/) (Markdown https://arapackelaw.com/industries/ecommerce.md). Online brands and Amazon sellers, from the trademark to the product itself.
- [Electrical hardware](https://arapackelaw.com/industries/electrical/) (Markdown https://arapackelaw.com/industries/electrical.md). Power electronics, controls, sensors, batteries and motors, from circuit to system.
- [Energy and clean tech](https://arapackelaw.com/industries/energy/) (Markdown https://arapackelaw.com/industries/energy.md). Batteries, solar, storage, charging and the grid, from the cell to the system.
- [Fintech](https://arapackelaw.com/industries/fintech/) (Markdown https://arapackelaw.com/industries/fintech.md). Payments, lending and trading technology, claimed as technical improvements.
- [Gaming](https://arapackelaw.com/industries/gaming/) (Markdown https://arapackelaw.com/industries/gaming.md). Game engines, mechanics, controllers and titles, protected before the reveal.
- [Medical devices](https://arapackelaw.com/industries/medical-devices/) (Markdown https://arapackelaw.com/industries/medical-devices.md). Devices, diagnostics and software as a medical device, timed with the FDA.
- [Robotics](https://arapackelaw.com/industries/robotics/) (Markdown https://arapackelaw.com/industries/robotics.md). Robots, grippers and the software that moves them, protected before the pilot.
- [Semiconductors](https://arapackelaw.com/industries/semiconductors/) (Markdown https://arapackelaw.com/industries/semiconductors.md). Chip design, fabrication processes and packaging.
- [Software and SaaS](https://arapackelaw.com/industries/software-saas/) (Markdown https://arapackelaw.com/industries/software-saas.md). The methods your platform performs, protected however the code is written.
- [Sporting goods](https://arapackelaw.com/industries/sporting-goods/) (Markdown https://arapackelaw.com/industries/sporting-goods.md). Equipment and gear, from how it performs to the design customers recognize.

## Next steps

- [Book a free strategy call](https://arapackelaw.com/contact-us/) with a registered patent attorney, or call (954) 951-0154
- [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/) to see what to protect first
- [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/), the refund promise on four services

General information, not legal advice.
