IP Monday Law Blog 

Every parent knows the script. “How was school?” “Good.” “How’s class?” “Fine.” “Good talk, kiddo.”

It’s funny because it’s true, teenagers don’t want to talk. Not to nosy parents, not to teachers, not to coaches. Definitely not to anyone who isn’t at least 5% charged.

At least, that’s what we (as adults) tell ourselves. But what if the answer has been sitting right in front of us the whole time? What if the questions are just… bad?  Or, at the risk of sounding a little meta, what if better questions change the conversation entirely?

One that actually bridges the gap between young “adults” and the people they still need, whether they admit it or not, for advice, support, patience, perspective, and help navigating decisions that are starting to matter.

Because the truth is, it’s easier to blame the other side for not opening up. Blame technology, AI, their friends, their coach, the other parent, the grandparents - a personal favorite. Maximum distance from accountability.

It’s harder to admit we might be asking questions that don’t invite real answers. At least not the answers either side actually needs. That idea has been stuck in my head after hearing my favorite college basketball coach, Tom Izzo, talk about understanding his players, not just coaching them.

Getting them to communicate their goals – athletically, personally, and academically. Same principle applies when it comes to attorneys and clients, and perhaps parents and kids?

If you want answers that matter, ask questions that matter!

That applies directly to how we, as lawyers, approach clients. In Intellectual Property (IP), the default intake questions are predictable:

• “What’s your invention?”
• “What’s the name?”
• “When did you first use it?”

Those questions matter but they’re not where the real conversation should start. A better approach might be:

• "What are you trying to build in the next 12 months?"
• "What does success look like in 3–5 years?"
• "Where are you investing your time and money right now?"
• "What are your most important problems that need to be solved today, over the next 30 days, and in the next year?"

This is just as important for a brand-new startup as it is for an established company managing a large portfolio. Because the goal isn’t just protection, it’s direction. When you ask these questions, something shifts. You’re no longer just gathering facts for a filing, you’re building a strategy.

The patent might not be the first move. The trademark might not be the most important asset. Sometimes the right answer is to wait, pivot, or protect something entirely different. That only becomes clear when the goal, not the form, is driving the conversation. The best client relationships don’t feel like “intake.” They feel like alignment.

So maybe the next time the answers feel short, or incomplete, or confusing…maybe the right questions haven’t been asked?

A Guide to What Your Attorney, Especially an IP Attorney, Should Be Asking You

Whether you’re a startup or managing a mature portfolio, the right questions drive the right strategy. The attorney should be asking:

• "What are your business goals over the next 12–36 months?"
• "Where are you investing: product, brand, or both?"
• "What does success look like (funding, acquisition, revenue, licensing)?"
• "What are your biggest risks: competition, copycats, or timing?"
• "What needs attention now vs. later?"
• "How does your legal strategy support your broader business strategy?"

If the conversation starts and ends with “What’s your invention?” or “What’s the name?”, you’re missing the bigger picture. Because the goal isn’t just filing, it’s building a strategy that actually supports where you’re going.

A strong brand and a meaningful patent portfolio are built in some similar ways: not by reacting, but by understanding where you’re going. That starts with communication: honesty, transparency, curiosity. That’s the foundation and that’s where real value begins.

Protecting your brand starts with the right conversation, not just the right paperwork. If you’re ready to ask the right questions and build an IP strategy that supports your business goals, contacting experienced IP legal counsel can help you clarify where you’re going.