The Search

“Success depends upon previous preparation, and without such preparation there is sure to be failure.” ~

For an invention to be patentable it must be novel and non-obvious vis-à-vis everything that is or was out there in the world, otherwise known as prior art.

At Malhotra & Malhotra IP we understand and empathize with clients who arrive with a passion and an unwavering belief in the quality and ingenuity of their ideas.

We not only represent inventor clients but we are inventors ourselves. Kushal invented an innovative golf practice apparatus and methods of use. He did this because he felt a need for a piece of equipment that arose out of a personal pain he felt in practicing golf versus playing it: The result was US Patent No. 7,766,764, Method for practicing golf employing an apparatus which allows a golfer to simulate the angular stances frequently found during play on a course.

Prior to writing the application, he performed a worldwide patent search.

Kiran invented an advanced sound reduction tape (5,793,003) while working as an engineer for an adhesive tape company because he saw a need for the company to provide a better product to the public.

Prior to writing the application, he performed a worldwide patent search.

So you have that eureka moment. You have experienced a personal pain point and found an effective universal solution to the problem and you know that it’s new, it’s innovative and you’re thinking about moving on the idea.


But the patent preparation and prosecution process is long, (and even using boutique patent services such as ours), it can be expensive as well. There are no guarantees that filing an application will result in a granted USPTO patent award.

So doing your homework before applying can save you a lot of heartache down the road.

That’s why it’s important to invest in a preliminary world-wide patent search prior to filing a patent application. Patent searches are typically cheap (as compared to the actual preparation for filing a full-fledged patent). Doing a search provides peace of mind that your invention has never been created by anyone else at any point in time before your idea. More than that, it provides both the patent attorney and the inventor a nuanced understanding of technologies that are most similar the one we would be filing as a patent application. This greatly enhances the quality of the patent application because the description would be set against the competing technologies showing how the present invention is a real improvement compared to prior art.

Sometimes a patent search reveals a technology that is exactly or very close to exactly the same as your idea. While this may be a huge disappointment, isn’t it better to know this now rather than later after you’ve invested so much time and money into the venture.

Sometimes a patent search reveals a similar technology that forces you as an inventor to tweak your invention so as to further distinguish it from prior art. This pushes you to innovate further, to “up your game” so to speak so that you can be better prepared for your final “go-to-market” product/service.

‘Sometimes a little discomfort in the beginning can save a whole lot of pain down the road.’ ~ Wendelin Van Draanen

Our Practice

Malhotra & Malhotra is more than a law firm it’s a father and son’s life’s work. We’re boutique patent, intellectual property and start-up loving law firm.

The cost to prepare, draft, file and advocate for a utility patent application done by “Big Law Firms”can reach expenses can easily exceed $30,000. Boutique patent law firms have managed to reduce these fees significantly and brought fees down typically to less than $10,000. Our experiences working at these firms have afforded us the opportunity to analyze their operations and streamline them so that savings can be passed to you without sacrificing quality.

Our fees are significantly lower than the competition.

We stuck all that overhead a typical law firm passes to you, (the paralegals, the secretaries, the white shoe offices), all of the excessive and unnecessary expenses we have just put them in a wind tunnel and blew them off.

What’s the result?

You enjoy pure and simple intellectual property expertise, and business development counseling practiced by a father Kiran Malhotra with 50 years of engineering experience and a son Kushal Malhotra with an MBA, Ivy League Degrees and the energy to see your patent through to grant doing so with an ever present eye toward making that patent the most valuable asset your start-up has.

We understand bootstrapping. That’s what makes M&M a reality. So in many ways our practice is a labor of love, just like your venture.

We view you as a partner. At your request and discretion we often reduce our fees for small equity stakes in your venture. It’s not much, but it allows us to share your dream and gives us that extra joy of watching them succeed.”

The First Rendezvous

It’s up to you, the inventor to say to yourself, I want this patent and I want it done right. Inventors are dreamers (with a little technical knowledge). You are incredible forces for entrepreneurship. The fruits of your mind, your ingenuity have driven technology forward and built the economy we stand on from the ground up.

We’ve seen this light sullied by the inventor’s desire to do it all herself. Patents are complicated, they’re arduous, technical, protracted; they require deep knowledge and an understanding of specific legal language needed that can convince the powers that be that YES this is a patent distinct from all others.

Indeed, you as an inventor can go it alone. You could also pull your own tooth. It would be a lot more sanitary, less painful and of course you’ll be able to keep the blood off your carpet if you just went to a dentist. Isn’t it?
For patients, going to a dentist is a no-brainer. But for inventors, going to a patent attorney often seems like a difficult choice.

We encourage you to make that choice. Shop around it does not need to be us, but it should be some patent attorney or agent professionally trained to help you. The money you spend now saves you time, energy, provides peace of mind and yeah … gives you an immensely larger chance to grab yourself what you actually want; a granted patent.

Once you make that choice. We’ll sign a confidentiality and non-disclosure agreement (NDA) which basically says that everything you tell us will be protected by attorney/client privilege and it’ll be for our eyes and ears only never to be known by the public. This provides you a safe environment to discuss your baby; your invention openly and with an eye towards creating a proper, successful patent application.

Keep in mind that signing an NDA in no way binds you to M&M. You can decide after signing that you don’t want to use us. That’s fine, your secret will always be safe with us, and we’ll never tell anyone about it. That’s the NDA.

Get in touch with us!