# Defense patent attorneys for defense tech startups > Flat-fee defense patent attorney services for defense tech startups and founders. Start with a $999 patentability search, refunded if it isn't patentable. Page: https://arapackelaw.com/industries/defense/ Title: Defense Patent Attorney for Defense Tech Startups Breadcrumb: [Home](https://arapackelaw.com/) / [Industries](https://arapackelaw.com/industries/) / [Defense](https://arapackelaw.com/industries/defense/) We protect the technology, its design and its name, with contract rights and export rules planned in from the start. One flat fee for each step. - $999 patentability search - No hourly billing - Registered patent attorneys ## For the people who build for defense. From a two-person startup to a contractor with a growing portfolio, the work starts the same way. Find out what is new, protect it before it is shown, and keep track of who owns it. - **Defense tech startups** Founders building for defense customers, protected before the first demo, pilot or investor meeting. - **Government contractors** Companies doing funded research or development, with the contract's patent rights clause tracked from day one. - **Dual-use product teams** Technology sold to commercial and defense customers alike, from sensors and materials to communications. - **Autonomy and robotics teams** Unmanned systems and the navigation, sensing and control software that runs them. ## Four things worth protecting in defense technology. Most defense and dual-use products carry more than one kind of protection. A patent on how it works, a design patent on how it looks and a trademark on its name each stop a different kind of copy. ### The technology and how it works (utility patent) The mechanism, the structure, the materials and the way it is used. Claims are written around what makes your technology work better than what is fielded today. - Sensors and communications - Advanced materials - Power and energy systems - Methods of manufacture ### Software and dual-use systems (utility patent) Software for autonomy, sensing or secure communications, claimed as a specific technical process rather than an abstract idea. - Autonomy and sensor fusion - Secure communications - Cybersecurity methods ### The look of the equipment (design patent) The ornamental design of a housing, a wearable or a control interface, protected for 15 years from grant. - Housings and enclosures - Wearable gear - Control and display interfaces Covered by The RLG Guarantee (USPTO denies it, full refund). ### The product and company name (trademark) Clear and file the name before it goes on proposals, capability statements and the product itself, so the name you build a reputation on is one you can keep. - Product and platform names - Company names - Logos Covered by The RLG Guarantee (Approved, or your money back). **Some things stay secret.** A process, a formulation or test data no one can learn from the finished product may be worth more as a trade secret than as a published patent. 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 when you file. Most defense founders file a provisional before any public demo, trade show or paper, then the full application within 12 months. ### Start here, Patentability search **$999** flat fee. Patentable or your money back. Credited when you file. 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 technology works - Drafted by a registered patent attorney - 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. - Claims and a full specification 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 the housing 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 and government rules. Plan for both. A patent decides who can make and sell the technology. Government contracts, national security review and export rules decide who owns it, who can see it and where you can file. The timing of each shapes the others. ### 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. **Security review** (USPTO). The USPTO screens every application 4. **Full application** (Month 12). Within 12 months 5. **Granted**. Rights you can enforce ### Contract, if government money funded it 1. **Invention made** (Subject invention). During work under the contract 2. **Disclose** (Usually 2 months). Report it to the agency in writing 3. **Elect ownership** (Set by the clause). Tell the agency you will keep it 4. **File** (Set by the clause). A patent application on time 5. **Government license**. A paid-up license for government use **Check export rules before you share.** Filing abroad needs a USPTO foreign filing license first. Sharing drawings or technical data with a foreign person can count as an export under ITAR or the EAR, even inside the US. - **Government money changes ownership.** Under patent rights clauses such as FAR 52.227-11 and DFARS 252.227-7038, a contractor can usually keep ownership of an invention made under the contract. The government gets a nonexclusive, paid-up license, and a missed deadline to disclose or elect lets the agency ask for title. - **Some applications are kept secret.** Under the Invention Secrecy Act, now 35 U.S.C. 181, if a defense agency decides publishing an invention would harm national security, the USPTO orders it kept secret. Publication and grant are withheld, and sharing it needs the USPTO's permission. - **File abroad with a license.** For an invention made in the US, filing abroad within six months of the US filing needs a foreign filing license, usually granted on the filing receipt. Filing abroad without one can bar a US patent. *General information, not legal, contracting or export control advice. The rules that apply depend on your contract, your technology and how it is classified for export.* ## Services for defense and dual-use companies. One firm for the patent, the brand and the agreements around them. - [Utility patents](https://arapackelaw.com/patents/utility-patents/) (Markdown https://arapackelaw.com/patents/utility-patents.md). Protect how the technology works. - [Provisional patents](https://arapackelaw.com/patents/provisional-patents/) (Markdown https://arapackelaw.com/patents/provisional-patents.md). Patent pending while you build 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 equipment 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. - [Technology transfer agreements](https://arapackelaw.com/technology-transfer-agreements/) (Markdown https://arapackelaw.com/technology-transfer-agreements.md). Move technology between partners. - [IP licensing agreements](https://arapackelaw.com/intellectual-property-licensing-agreements/) (Markdown https://arapackelaw.com/intellectual-property-licensing-agreements.md). License technology in or out. - [Non-disclosure agreements](https://arapackelaw.com/non-disclosure-agreements-ndas/) (Markdown https://arapackelaw.com/non-disclosure-agreements-ndas.md). Share with partners on your terms. - [Trade secret litigation](https://arapackelaw.com/ip-litigation/trade-secret-litigation/) (Markdown https://arapackelaw.com/ip-litigation/trade-secret-litigation.md). Protect confidential know-how. ## Before you file. ### Can defense technology be patented? Yes. Defense and dual-use inventions are examined under the same patent rules as any other invention. Every application is also screened for national security when it arrives at the USPTO, and if a defense agency decides that publishing it would harm national security, the invention is ordered kept secret. ### What is the Invention Secrecy Act? A 1951 law, now in 35 U.S.C. 181 and the sections after it, that lets the USPTO keep an invention secret when a defense agency decides that publishing it would harm national security. A secrecy order withholds publication and grant, lasts one year at a time and can be renewed. While it is in force, sharing the invention or filing it abroad needs the USPTO's permission. ### Who owns an invention made under a government contract? It depends on the contract's patent rights clause. Under clauses such as FAR 52.227-11 and DFARS 252.227-7038, the contractor can usually keep ownership if it discloses the invention to the agency and elects ownership within the deadlines the clause sets. The government gets a nonexclusive, paid-up license to use it, and a missed deadline lets the agency ask for title. Read your contract's clause early. ### Do I need permission to file a patent abroad? For an invention made in the US, yes, unless six months have passed since you filed here without a secrecy order. The USPTO grants a foreign filing license, usually on the filing receipt. Filing abroad without one can bar you from getting a US patent. Export rules, ITAR and the EAR, can also limit sharing technical data with foreign persons, even inside the US. ### How much does a defense technology 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 your application. ### What does The RLG Guarantee cover for defense technology? 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. Electrical and computer engineering. Former Naval Engineering Officer. - [Ken Brooks](https://arapackelaw.com/team/ken-brooks/), Registered Patent Attorney. Software, AI and machine learning, electrical and mechanical systems. Meet the team at https://arapackelaw.com/learn-more/the-team/ ## Go deeper before you file. - [Provisional Patent Application: The Fastest Way to Get Patent Pending](https://arapackelaw.com/patents/provisional-patent-application/) - [5 Examples of Trade Secrets and How They Fit into Your Intellectual Property Strategy](https://arapackelaw.com/intellectual-property/examples-of-trade-secrets/) - [Design Patent vs Utility Patent: Shield Your Product Design with the Right Legal Protection](https://arapackelaw.com/patents/design-patent-vs-utility-patent/) [All articles](https://arapackelaw.com/learning-center/) ## 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. - [AI and machine learning](https://arapackelaw.com/industries/ai-machine-learning/) (Markdown https://arapackelaw.com/industries/ai-machine-learning.md). Models, training methods and the AI features inside your product. - [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. - [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.