how to file a patent without a lawyer

In fact, federal law requires patent examiners at the U.S. Patent and Trademark Office

(USPTO) to help individual inventors who apply for patents without a lawyer's help. To obtain a patent, you must first ensure that your invention actually qualifies for a patent and second, fill out the patent application.

Full Answer

Do I need an attorney to file a patent application?

Oct 18, 2021 · Filing for a Patent Without a Lawyer. Many inventors hire a patent attorney to help them navigate the application process, but this is not always necessary or worthwhile. Attorney fees tend to be very expensive, often costing more than the application fees. Some individuals and small businesses would prefer not to bear these extra costs.

How much does it cost to file a patent without an attorney?

Oct 22, 2021 · You need several key elements to file a USPTO patent in the United States. First off, ask yourself if you technically need a lawyer to file a patent. Next, consider what you truly need to fully obtain your application. Simultaneously, think about where to find a …

What is a patent attorney?

Despite what many people will tell you, you don't need a patent attorney to file a patent. Indeed, you might be surprised to know that many patents that are granted are given to resourceful inventors who never paid a dime to a patent attorney. The patent application process can be a little complex at times, but the patent examiners at the United States Patent and Trademark …

Do you need a lawyer to get a provisional patent?

Can you get a patent without an attorney? No, the use of an attorney or registered agent is not required for filing a patent application. However, an attorney or registered agent is often a useful resource and the USPTO recommends the use of such for preparing a patent application and conducting the proceedings in the USPTO.

What is a patent attorney?

Patent attorney – a lawyer who is certified to prepare and prosecute applications as well as perform legal tasks.

How to complete a patent application?

In order to complete your patent application, you simply must be able to do two things: Ensure that the invention or idea actually meets all the qualifications for a patent. Be able to describe every aspect of the invention in detail. You’ll notice neither of these require a law degree.

What is a PPA?

As you begin to file your patent with the USPTO, you’ll be given a choice between filing a “regular patent application” (or RPA) or a more simplified “ provisional patent application” (called a PPA). The PPA isn’t actually a true patent application.

How long is a provisional patent application?

As we said before, the provisional patent application is a dramatically easier process than the traditional form. It is typically under 10 pages long and doesn’t require nearly as formal a writing style. As long as your document fully explains how the invention is made and used, the only precedent you’ll need to defend can come from articles in a technical or academic journal. You can also use less formal drawings when detailing your invention in a PPA. If you want a more professional image, you do have the option of hiring someone to who creates patent drafts. These services usually run less than a hundred dollars for a single drawing. It is up to you to decide if you’d rather cut costs and complete the process yourself, or utilize the expertise and counsel of a professional.

What is the process of certifying patent agents?

Patenting an invention requires extensive knowledge of how that invention functions. In order for a lawyer or agent to properly represent the inventor, they must be able to understand the technical terminology used to explain the invention. This is why the USPTO create a process for certifying patent agents and attorneys. These agents are not actually able to practice law in the traditional sense; they are only acting as agents for the patent process.

Why do you have to explain everything in writing?

Because you have to explain everything so thoroughly, you have to be able to clearly explain how the invention works in writing. You’ll also have to do so in archaic terminology.

How to confirm that you have created an invention?

To confirm that you’ve created a new invention, you’ll have to research any previous advances in your chosen field of study. This process will require you to search patents both in the U.S. and abroad, along with any technical or scientific journals, to uncover any inventions that could be potentially related.

How long does it take to get a patent?

Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States.

What is the difference between a utility patent and a design patent?

The difference between the "protection of an article via a utility patent" and the "protection of an article via a design patent" is that a utility patent protects the way an article is used and works, while a design patent protects the way an article looks.

Why is intellectual property important?

Intellectual property protection is critical to safeguard products and services from imitation, attract and secure funding from outside investors and promote the overall commercial success of any enterprise. In addition, the value of a patent is largely dependent upon skilled preparation and prosecution.

What is the USPTO Pro Se program?

The Pro Se Assistance Program is dedicated to help independent inventors and small businesses meet their goal of protecting valuable intellectual property.

Can the USPTO recommend an attorney?

The USPTO cannot recommend a particular attorney or agent, nor aid in the selection of an attorney or agent, as by stating, in response to inquiry that a named patent attorney, agent, or firm, is reliable or capable.

What is the composition of matter?

The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients (chemicals) as well as new chemical compounds. Examples may include a pharmaceutical drug or shampoo. An example of a machine may include a bicycle, an apparatus, or device.

What does "non-obvious" mean?

Non-obvious means that the claimed invention is not identically disclosed. as set forth in section 35 U.S.C. 102, but the differences between the. claimed invention and the prior art are such that the claimed invention as. a whole would have been obvious before the effective filing date of the.

How to write a patent application?

Broadly put, there are four main tasks involved in drafting a patent application: 1 Describing your invention's background, including why your invention is different from other relevant inventions and deserves a patent. 2 Illustrating your invention through drawings, flowcharts, or diagrams (many inventors assign this task to graphic artists, though you can do it yourself with a self-help resource). 3 Describing your invention's physical structure (if any) and how it works. 4 Describing exactly what aspects of your invention you wish to patent (the patent claims).

How to get a patent on an invention?

Assess the Commercial Potential of Your Invention. It is possible to get a patent on an invention that has no commercial potential at all, but most inventors don't bother. Decide Whether or Not Your Invention Is New Enough to Qualify for a Patent.

What inventions did John Stewart make?

Among his patented inventions: hydraulic exercise equipment, a sidewalk lifter (to repair uneven sidewalks), an electric shaver, and a volleyball net adjuster.

Who was John Jacoby?

John Jacoby of Huntingdon Valley, Pa. John Jacoby realized he was wasting his money on a patent lawyer after he gave the lawyer some legal information. The lawyer put the same information in a letter back to him -- and sent a bill for it. So he decided to save himself some money and struck out on his own.

Can you search for patents?

Patent searching is confusing at first, but can be mastered with practice. It is a research rather than a legal skill. Most patent attorneys hire professional searchers to carry out patent searches for their clients, and you may want to do this, too. But if you are a serious inventor, sooner or later you'll want to learn how to search ...

Did Carol Randall get a patent?

Describing herself as "a housewife with a head full of ideas," Carol Randall says she had a great experience getting a patent herself. She received a patent for ear clips, which keep ears from being burned by hot combs or the chemicals in hair relaxers. Randall's experience with the Patent Office was very positive.

Do I need a lawyer to get a patent?

Here's a quick look at the steps necessary to get a patent. You'll see that nothing about the process requires a lawyer. There is no court, no jury, no need to understand cases or read statutes. The Patent and Trademark Office has some specific rules, but you can follow them as you would a recipe in a cookbook.

How long do you have to file a patent application?

For example, you must file your patent application within a year of the first public sale. Like a "real" lawyer, you must be prepared to follow strict rules and deadlines as established by the USPTO.

How much does a patent attorney cost?

Depending on the type of patent and the complexity of the issues, a patent attorney can cost a minimum of $5,000 to $10,000. To the extent that your patent is more complicated, or the USPTO patent examiners raise concerns about any aspect of the application, the costs of the legal feels could be significantly higher.

What are the duties of a patent attorney?

Among the tasks required in this process are: 1 ascertaining the patentability of an invention, including a showing that it is useful, innovative, novel, and non-obvious 2 creating, documenting, and filing all applicable application documents, including descriptions, claims, drawings, and other forms 3 performing patent research, both in the United States and in foreign countries, regarding the existence of potential patent infringements 4 filing the regular or provisional patent application 5 paying applicable patent application fees, and 6 dealing with USPTO examiners during the application examination process.

What is a PPA?

Provisional Patent Application ("PPA"): A short, informal document containing text and drawings that describe how to make and use an invention; establish an effective filing date for an invention; and enable an applicant to use the term "patent pending" on the invention.

What skills do you need to be a patent examiner?

You need strong writing skills, because you must present information clearly and yet you must also use a somewhat arcane terminology, with technical and legal terms, to make your application acceptable to the USPTO's patent examiners. Project management skills.

How long is a PPA?

As discussed earlier, filing a PPA is far easier than filing a regular patent application. PPAs are usually less than ten pages long and written in an informal style. Academic or technical journal articles are often sufficient for submission, provided the document describes how to make and use the invention.

Can an inventor file a patent without a lawyer?

Legally speaking, nothing prevents an inventor from preparing a patent application ( or provisional patent application) without a lawyer. Indeed, thousands of inventors regularly do so, using self-help guides such as Nolo's Patent It Yourself, Patent Pending in 24 Hours or Online Provisional Patent Application process.

How much does it cost to file a provisional patent?

The cost to file a provisional patent application yourself is between $70 to $140. The downside to the provisional patent application is that at the end of the one year time period you will lose all patent rights to the invention if you do not file the non-provisional patent application.

How much does it cost to get a patent?

The typical cost to hire an attorney to prepare and file a provisional patent application is $1750-$3000 and a non-provisional patent application is $5750-$10,000. The majority of what you are paying for is the attorney's time and experience in preparing a patent application that will fully cover your invention and reduce the likelihood of a rejection (s) during examination.

How long is a provisional patent?

A provisional patent is a placeholder patent application that allows you to claim patent pending status for up to one year and then decide whether to invest the larger amount for a full patent application (non-provisional patent application) that will be examined and can become an issued patent application.

Where is Miller IP Law located?

Miller IP Law is a group of attorney's, based out of Mountain Green, Utah, who are excited to help you build your business and further innovate market places and economies. Please consider looking at our services, billed at flat rate, and be sure to grab a free strategy session to meet with us!