how to file your own patent without a lawyer?

^{Steps to Filing a Patent Application}

1. Keep a Written Record of Your Invention. Record every step of the invention process in a notebook. ...
2. Make Sure Your Invention Qualifies for Patent Protection. You cannot get a patent just based on an idea. You must show how your invention works. ...
3. Assess the Commercial Potential of Your Invention. Applying for a patent is a business decision. ...
4. Conduct a Thorough Patent Search. To make sure your invention is new, you must investigate all earlier developments in your field. This involves searching U.S. ...
5. Prepare and File an Application With the USPTO. When you file with the USPTO, you have a choice. ...

Do I need an attorney to file 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.

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

Filing a patent application without an attorney definitely saves a great deal of money. 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.

How do I get a provisional patent in the US?

Prepare and File an Application With the USPTO When you file with the USPTO, you have a choice. You can either file a full-blown regular patent application (RPA) or a provisional patent application (PPA). A PPA is not an actual application for the patent itself.

What is a patent attorney and what do they do?

Patent attorney – a lawyer who is certified to prepare and prosecute applications as well as perform legal tasks. Prosecution - the process by which an inventor or patent agent guides the application through the U.S. Patent and Trademark Office.

Is it possible to file a patent without a lawyer?

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.

How much does it cost to file a patent by yourself?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

Can I file patent myself?

There are two ways to file for a patent – you can file it yourself or seek the services of a patent-filing professional or agency. Since you have to adhere to several deadlines, it is recommended that you engage the services of a professional/agency with years of experience.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

Preparing to File

You will want to take notes during the process of developing your invention on the various modifications and improvements that you made. You also should document your inspiration for the invention and any testing that you conduct on prototypes.

Filing the Application

There are two main types of patent applications: regular patent applications and provisional patent applications. The regular patent application will trigger the USPTO examination process through which an invention needs to pass before it gets protection.

How long does it take to get a patent?

You will need to conduct significant research, including prior art searches, before filing. It will likely take hundreds of hours of your own time to file a patent application without legal help. You will need to stay on top of and meet the many requirements and deadlines of the application process.

What is prosecution in patents?

While you may have heard the term, “prosecute” in other contexts, when it comes to patents, prosecution is merely the process of guiding a patent application through the U.S. Patent and Trademark Office (USPTO). Of course, these are just minimal costs that can vary based on the nature of the invention, the possibility of challenges, ...

What is a strong patent?

Strong patents present well-written claims, display usefulness, distinguish a new invention from prior art, and anticipate legal challenges. Having an attorney helps, but you can achieve many of the elements of a strong patent without one. Solid claims are what really strengthen a patent.

Why does the USPTO send notices?

The USPTO sends notices when an application fails to meet technical requirements. This likely means pro se applicants are not taking the time to fully read or understand patent application requirements. While these statistics may seem daunting, they can be overcome.

Can you write your own patent claims?

When drafting claims, you can ask the USPTO to write claims for you. You may also write your own claims and have a patent attorney or agent review them before you submit the application. This is one cost-saving strategy that could potentially get you both strong claims and minimal fees.

Can a patent attorney work with a non-patent attorney?

You can also work with non-attorney professionals, like certified patent agents, who can assist with the application process but can’t provide legal advice or representation. When deciding whether or not to work with a patent lawyer, consider the following:

Can a patent agent provide information?

This is an area where patent agents can’t provide much information, as that would be considered legal advice. To save money, you might try to identify vulnerabilities on your own, then consult with an experienced patent attorney to see if you’ve left yourself exposed to risks.

Who to use to file a patent application?

The patent process is a complex set of laws, regulations, policies and procedures; therefore, the USPTO always recommends using a registered patent attorney or agent to assist in preparing your application.

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 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.

What are the fees associated with patent application?

A patent application is subject to the payment of a basic filing fee and additional fees that include a search fee, an examination fee, and issue fee.

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.

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.

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

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, ...

What is a patent attorney?

Patent attorney: An attorney who is formally licensed by the USPTO (commonly known as the "patent bar") to prepare and prosecute patent applications and perform legal tasks.

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 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.

Why do inventors use attorneys?

The primary reason that inventors use attorneys to prepare and prosecute their documentation is concern over properly protecting invention rights: The prosecution process is complex and requires considerable research; and the patent application must be written in a somewhat dense style and format.

Where do inventors apply for patents?

An inventor who wants patent protection must apply to the U.S. Patent and Trademark Office ("USPTO") in order to obtain it. That application process can be complex.

Can Tony's wife advise him on his patent?

But she cannot advise Tony as to the legal consequences of his ownership of the invention (for instance, in a divorce or for purpose s of making a will).

How to make an invention?

1. Keep a Written Record of Your Invention. Record every step of the invention process in a notebook. Describe and diagram every aspect and every modification of the invention, including how you initially envisioned the idea for it. Depending on the invention, you might also want to build and test a prototype.

How much does it cost to file a PPA?

All that is required to file a PPA is a fee ($65 for micro-entities, $130 for small entities, $260 for large companies); a detailed description of the invention, telling how to make and use it; and an informal drawing. Then, you must file an RPA within a year of filing the PPA.

What is the second step in invention?

This second step includes being able to describe all aspects of your invention. These are not "legal" skills, and learning them is no different than learning any other skill, whether it's auto repair, deck installation, or gourmet cooking. Some steps are easy, others are more difficult.

Did Carol Randall get a patent?

She received a patent for ear clips, which keep ears from being burned by hot combs or the chemicals in hair relaxers.

Do inventors need patent examiners?

Countless inventors have successfully navigated the patent system on their own. 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.

Can you get a patent based on an idea?

You cannot get a patent just based on an idea. You must show how your invention works. In addition, your invention must be new (or "novel" in the parlance of patent lawyers). This means it must be different in some important way from all previous inventions in that field.