how to get a patent without a lawyer

by Favian Padberg Published 2 years ago Updated 2 years ago 8 min read

Keep a Written Record of Your Invention. Record every step of the invention process in a notebook. ...
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. ...
Assess the Commercial Potential of Your Invention. Applying for a patent is a business decision. ...
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. ...
Prepare and File an Application With the USPTO. When you file with the USPTO, you have a choice. ...

Do I need a lawyer to get a patent?

Thousands of inventors have successfully navigated the system without lawyers and have been rewarded with patents. In fact, federal law specifically requires patent examiners to help people who seek patents without a lawyer's help.

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.

How much does it cost to patent a product?

It might even make you some money, if you could get the exclusive right to manufacture it or sell the rights to it. In other words, you need a patent. But you have more imagination than money, and the patent attorney wants $5,000 to file a patent application for you.

What is a provisional patent application (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 do I patent an idea 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.

Can I file a patent on my own?

You can file a patent application on behalf of yourself or your co-inventors. Alternatively, you can hire a registered patent agent or attorney to file your application for you. Patent applications require both legal and technical expertise and even small mistakes can dramatically compromise the value of the patent.

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.

Is there a poor man's patent?

The Poor Man's Patent Is Obsolete Because of the change from a first-to-invent system to a first-to-file system, even the reasoning behind a poor man's patent is now obsolete. Being the first to invent will no longer save you is someone else filed first.

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.

What is the cheapest way to get a patent?

Cheapest way to get a patentDo-It-Yourself (Draft it and File it Yourself) ... Cost of Filing It Yourself. ... Still To Expensive? ... Cost of Filing It Yourself. ... Fiverr & Other Low Cost Options. ... If Budgets Allow - The Better Option Is to Use an Attorney. ... The Cost of An Attorney.

How long does it take to get a patent approved?

about 22 monthsAccording to the United States Patent and Trademark Office (USPTO), it takes about 22 months to get patent approval after going through the steps to file a patent. If you're eligible for a prioritized examination for plant and utility patents, known as Track One, you might get approval in six to 12 months.

How much is a patent for an idea?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Are patents worth it?

The primary benefit of a patent is the right to stop your competitors from selling the same product. You can become the sole supplier of the product. Based on the law of supply and demand, lowering the supply allows you to sell your product at a higher price. If sales are strong, then the patent is absolutely worth it.

Can you mail an idea to yourself to patent it?

I'm glad you're seeking counsel on the issue. The answer you are looking for is known as provisional patent protection. The “sealed envelope” method, unfortunately, no longer works in view of our new patent laws (enacted in March of 2013).

Can I patent an idea without a prototype?

Many inventors wonder if they need a prototype prior to patenting an invention. The simple answer is “no'. A prototype is not required prior to filing a patent application with the U.S. Patent Office. While prototypes can be valuable in developing your invention, they can also be costly.

How do I patent myself idea?

Steps to Filing a Patent ApplicationKeep a Written Record of Your Invention. Record every step of the invention process in a notebook. ... Make Sure Your Invention Qualifies for Patent Protection. ... Assess the Commercial Potential of Your Invention. ... Conduct a Thorough Patent Search. ... Prepare and File an Application With the USPTO.

How do I patent an idea myself?

How much does it cost for a patent in Canada?

You can generally expect to spend anywhere from about $5,000 to about $15,000 for the drafting of a new patent application.

What is needed to file a patent?

Under U.S. patent law, an invention is patentable only if it meets the following four requirements, which are discussed in more detail below:The invention must be statutory (subject matter eligible)The invention must be new.The invention must be useful.The invention must be non-obvious.

Can you patent an idea without a prototype?

How to file a patent without an attorney?

2. Filing a Patent without the help of an Attorney. 3. The Steps to Properly Filing a Patent Application. 4. Be Thorough in Your Patent Search. 5. Prepare and File an Application With the USPTO. 6.

What is a patent attorney?

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

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.

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.

How much does it cost to file a PPA?

In order to file a proper PPA, you’ll just need to pay a small fee which varies depending on the size of your company (ranging from $65 to $260) , provide a description of your invention in detail, explain how it will be made and used, and create a rough sketch of the design.

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 to justify a patent?

You won’t go in front of a court or judge to justify your need for a patent. Yes, there are rules and processes to follow, but they are as simple as following a recipe for a nice casserole. 1. Make a Detailed Record of Your Invention. Detail the full process in a hard copy such as a notebook or computer file.

Do You Technically Need A Lawyer?

First and foremost, you may be wondering if you technically need a lawyer to draft and file a patent in Texas. While the United States Patent and Trademark Office (USPTO) does not require you to file with a patent attorney, it is highly-recommended. After all, the patent filing, drafting, and prosecution process is incredibly complex.

What Do You Need To File A Patent?

In addition to support from a USPTO patent lawyer New York, consider what you need to file intellectual property in the United States. With the help of an experienced patent professional, the entire process is fairly simple to navigate. Ultimately, the filing requirements will vary based on what you are looking for.

What Are The Benefits Of Working With A Patent Lawyer?

Of course, you may want to consider the additional benefits of working with a knowledgeable patent lawyer in the United States. There are several key benefits associated with professional patent filing assistance. For a start, dependable IP lawyers offer superior process knowledge and an in-depth understanding of the overall patent industry.

Where Can You Find A Patent Lawyer?

Once you understand the service benefits, you should clearly understand where to find a USPTO patent drafting lawyer. It’s easy to find skilled patent professionals in your local area. Start by reaching out to friends, neighbors, and colleagues that are also innovative inventors.

How Much Do USPTO Patent Lawyers Charge?

Before starting IP services, consider the costs to file a patent with a USPTO patent lawyer. Ultimately, the cost for services will depend on your intellectual property needs. For basic services, such as obtaining a patent search report, you can expect to pay anywhere from $199 to $299.

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.

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 much did Stewart pay for each patent?

The decision to handle his own patents was an economic one; paying a lawyer $5,000 for each patent Stewart wanted to pursue would have meant legal bills exceeding $100,000. Stewart says he didn't feel at a disadvantage without a lawyer.

What is Paul Vandervoort's patent?

He was awarded a patent for his Clean Sweep ® device, which cleans windshield wipers as you drive . A friend, who had spent $9,000 on patent lawyers' fees, gave Paul Vandervoort three pieces of advice about getting a patent: 1) Don't hire a lawyer. 2) Don't hire a lawyer. 3) Don't hire a lawyer.

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.

Can I have a patent attorney review my claims?

You may want to have a patent attorney or agent review your claims before you submit them to the Patent Office . Or you can even ask the Patent Office to write a claim for you. They will -- for free -- based on the rest of your application. Deal with the Bureaucracy until Your Patent Is Issued.

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 ...

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.

Why You Might Apply for a Patent Without an Attorney

Most patent attorneys charge a minimum fee ranging from $5,000-$10,000 to prosecute a patent application. 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).

What are the Chances of Getting a Patent Without an Attorney?

According to the USPTO, only 4.22% of patents granted in 2019 were owned by individuals. Moreover, officials awarded the vast majority of patents, over 93%, to U.S. and foreign corporations. While the data does not reveal how many individuals were represented, it may appear that the odds are stacked against non-corporate applicants.

Can You Get a Strong Patent Without an Attorney?

What Free or Low-Cost Resources are Available?

The good news is that you can perform many patent-strengthening tasks with free or low-cost resources. Patent attorneys aren’t your only choice for professional help. Certified patent agents can help with the application process and typically charge much less than patent attorneys.

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Disclaimer: Nothing in this article shall be construed as legal advice.