how to patent without a lawyer

How to Get a Patent Without an Attorney's Help

1. Make sure that your idea qualifies for a patent. There are a number of rules when it comes to patenting an idea. ...
2. Demonstrate how your idea works. To get a patent, you must be able to describe exactly how your idea works. ...
3. Fill out a patent application and file it with the USPTO. ...
4. Wait to hear back from the U.S. ...

Full Answer

Can you file a patent without a lawyer?

Oct 18, 2021 · They need to carefully describe each element of their invention in detail, and they need to show that it qualifies for a patent under federal laws. This requires a basic level of familiarity with the laws and regulations in this area, but you can do this research online without resorting to an attorney.

Do you need a lawyer to get a provisional patent?

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?

Getting a patent simply means that you will need to describe all aspects of your invention. You don't need a patent lawyer to do that, do you? As long as your invention or business idea qualifies for a patent, nothing is holding you back from getting that patent. Of course, there are a lot of good reasons to hire a patent attorney, so you shouldn't rush to apply for a patent on your own …

What are the requirements for patenting an invention?

Sep 16, 2021 · In summary, you may apply for a patent without an attorney, but it will take significant time and effort. Let’s start by looking at the reasons you might decide not to work with an attorney. 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.

How do I patent an idea without a lawyer?

Fortunately, there's no rule that you must involve a patent attorney in the application process. If you have the time to personally commit to the process and willingness to learn the USPTO requirements, you can file an application on your own. This is known as being a “pro se” applicant.Jun 10, 2021

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 can I patent my idea for free?

You can file a patent online using the patent office's EFS-Web service. The USPTO's website includes detailed information on what should be in your application on its "General Information Concerning Patents" page under Inventors Resources and Guidance.

How do I patent myself idea?

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.Sep 14, 2021

How much does patenting cost?

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.

What is a poor man's patent?

a day agoA 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 different types of patents?

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.Jan 31, 2019

Can you 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 long is a patent good for?

20 yearsA U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.Feb 25, 2021

What can not be patented?

What cannot be patented?a discovery, scientific theory or mathematical method,an aesthetic creation,a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,a presentation of information,More items...•Dec 14, 2020

How hard is it to get a patent?

Without question, getting a patent is an involved process, even a hard process. Many people hire a patent agent to guide them through difficult spots and argue for them regarding rejection lists.

Does LegalZoom do patents?

If you're ready to file a patent, LegalZoom can help. A LegalZoom provisional application for patent includes, completion of provisional application for patent, digitizing and color adjustment of your technical drawings, and professional review (optional), which includes drafting one independent claim.

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 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.

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.

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.

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.

Download the Free Infographic Below

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

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.

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.

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.

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.

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 ...

Why do we need patent protection?

To bolster the protection, you would need patent protection to protect yourself against those that might independently derive the idea. And, patent protection protects you against those that hear your idea and try to file an improvement patent application based on what you just told them.

How long can you delay patent protection?

You can delay paying for patent protection for up to one (1) year after you start marketing your invention. Legally speaking, you have one year from the first date of printed publication, first offer for sale or first public demonstration of the invention.

What happens if you don't get a non disclosure agreement?

If you don’t get the non-disclosure agreement signed, then the invention may no longer be considered your trade secret. Trade secret protection can be used to protect your invention before the filing of the patent application. The invention is treated as confidential and as a trade secret.

Why is trade secret protection better than patent protection?

Trade secret protection for certain recipes is better than patent protection because trade secret protection can last a lifetime. Patents only last for 20 years from the filing date of the patent application. If your invention is better protected with a trade secret, you should not get a patent. In this way, trade secrets can help you to avoid ...

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

Design patents protect the look of the product. Utility patents protect the functional aspect of the product. Design patents can’t be used to protect functional features and vice versa. Utility patents can’t be used to protect the look of a product.

What happens if you don't sign a contract?

Or, if they don’t want to sign the contract, then contracts are worthless as well. For example, some companies that you might want to submit your idea to will not sign a non-disclosure agreement. They will tell you that the information will not be held in confidence. They ask you to file a patent application.

Do you need a patent before you pitch a product?

While you are developing your product, you need a contract with those you share your idea with so that they don’t steal your idea. With investors, it is preferable to have a patent application on file before you do your pitch. However, if you don’t have money to spend on patent costs, that would not be an option.