how to patent something 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

How to file a patent without a lawyer?

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. Drafting a Conditional Apparent Application 7. Intrepid Inventors Who Got Patents Without Lawyers 8. Doing It Yourself 9. Lawyer to File a Patent 10.

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.

Do you need a law degree to get a patent?

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 can I get help with a patent application?

One-on-one assistance is available via video conference (WebEx) or telephone. Pro se personnel are available to meet with applicants to answer patent-related questions and assist in filing their applications.

How to file a patent without an attorney?

What is a patent attorney?

What is the process of certifying patent agents?

How to complete a patent application?

How much does it cost to file a PPA?

How to confirm that you have created an invention?

How to justify a patent?

See more

About this website

Can you 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 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.

What is the cheapest way to patent an idea?

Method 1: Write and file your own patent application (the cheapest way) - total cost about $1,000 for most inventors to get an issued patent (USPTO government fees only). A provisional type application is only $150 to file but this only stays pending for 12 months and is only a 'placeholder' type application.

How do you patent something legally?

6 Steps to Patent an IdeaStep 1 – Verify the Idea is Eligible For a Patent. ... Step 2 – Keep a Detailed Record of Everything. ... Step 3 – Make a Prototype. ... Step 4 – Apply For a Provisional Patent. ... Step 5 – Hire a Patent Attorney. ... Step 6 – File Your Patent Application.

What is a poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

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.

Can I file a patent myself?

File a Patent Application 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.

How much is a patent worth?

If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher. On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000.

How can I patent something for free?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.

Is getting a patent 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.

How do I know if my idea is patentable?

There are Three Steps to Discover Whether an Idea is Patented Already. Go to the official website of the U.S. Patent and Trademark Office. Use the "Full-Text and Image Database" search to verify any present patent applications and pictures. You can find filed applications and pictures for patents filed after 1975.

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 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?

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.

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.

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.

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.

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.

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.