Can I Patent My Idea
Myself, Without a Patent Attorney?
@stash((Floating DIV 250x250))Applying
for a patent without a patent attorney is not only
possible, it's done all the time. However, an
inventor does take risk by choosing not to avail themselves
of the experience, guidance and counsel of a good patent
attorney, if only to proof the work that the inventor has
done for himself or herself.
You have the right to file your own patent application. You
also have the right to represent yourself in court or in
front of the Internal Revenue Service during an audit. None
of these should be particularly compelling if you have any
common sense at all. Good legal counsel is priceless. Bad
rookie mistakes can be very costly.
So what is an inventor to do if they don't have the
money needed to hire an attorney?
If the inventor doesn't have the financial resources or
wherewithal to pay reasonable attorney's fees, they should
seriously question whether they are truly prepared and
positioned to try and take their idea all the way to the
market without help. Pursuing an invention costs money and
takes time.
REMINDER: A patent for a product that is never
commercialized is effectively worthless.
Even doing things yourself, you will likely incur costs for
documenting and preparing your patent application which
will add up. There are filing fees and maintenance costs at
the Patent Office over the life of a patent that cost
thousands of dollars.
If an inventor is not prepared or in a position to commit
to these costs, they are certainly not in a financial
position to try and leverage or enforce the very patent
rights they are seeking.
And so, it goes back to the fundamental question, why do
you want a patent?
If the answer is "so that, whatever happens, you'll be
protected", you really need to read "Do
I Need A Patent?" immediately. Seriously, learn
about patents.
If the answer is because you intend to manufacture or
license the product, then you may be ready to try and
prepare your own provisional patent application.
A provisional patent application (PPA) is more or less a
tentative or "stop gap" measure that the U.S. Patent Office
developed which allows an inventor to take certain actions
with their invention that would otherwise preclude the
inventor's ability to seek patent protection. By filing a
provisional patent application you establish a priority
filing date and may rightfully claim patent pending on the
product for one year, while you introduce or shop your
product to manufacturers, marketers, distributors and the
press.
HOWEVER, by the end of that year, you must file a formal
patent application or abandon your claims of novelty. So, a
provisional patent, while less costly and involved than a
full utility patent, is not without issue. Primarily, not
making the proper claims in the provisional patent
application may have ramifications for future patent
filings. Plus, one year is really not as long as it sounds
when when actually doing the work of trying to get a new
invention off the ground.
RESOURCES FOR FILING YOUR OWN PATENT APPLICATION, WITHOUT
AN ATTORNEY
US
Patent & Trademark Office
Patent It Yourself by
David Pressman
Google Patents - Patent Search
Engine
DISCLAIMER: The contents of
this article are for the purpose of ongoing discussion
about the patent process and should not be considered nor
relied upon as legal advice; always consult with a
qualified patent practitioner about intellectual property
related matters.
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