The law allows an inventor to file and prosecute a patent application directly without professional representation (in legal parlance this is referred to as ?pro se? which is Latin for ?for himself? or ?by oneself?). However, filing a patent application without the assistance of a patent attorney or patent agent is the biggest mistake an inventor can make! Applying for a patent without the assistance of a patent practitioner is roughly equivalent to performing surgery on yourself by looking in a mirror. In my 22 years representing inventors in patent licensing and patent enforcement, I've seen fortunes lost because an inventor filed and prosecuted a patent pro se, instead of hiring a professional do to it for him.
Getting a patent doesn't come cheap. Expect to spend about $5,000 for a simple mechanical invention, $10,000 for an electronic or software invention, and $15-$20,000 if your invention is in biotech or involves complicated technology. For many independent inventors, this is a lot of money. However, lack of funds is not an excuse to try to do it yourself. A patent application that is not prepared by a professional is rarely worth the paper it's printed on. Even if you manage to convince the Patent Office to grant you a patent, in all likelihood it will not be enforceable in court. Remember, a patent is nothing more than a license to sue. Therefore, a patent that cannot be effectively enforced in court is not worth having. The moral of this is, if don't have the money to hire a professional, don't waste your time trying to get a patent. Your filing, issue and maintenance fees will be wasted money.
There are two types of professionals that can help you to get a patent: a patent agent and a patent attorney. Both patent attorneys and patent agents are admitted to practice before U.S. Patent and Trademark Office (USPTO). Both have the technical or scientific background required by the Patent Office so they can sit for the Patent Bar exam. However, patent attorneys also have a law degree, passed a state or the DC bar exam, and are members in good standing of a state or the DC bar association. Patent agents, on the other hand, are scientists or engineers who passed the patent bar exam and admitted to practice before USPTO, but they are not attorneys.
Both patent agents and patent attorneys can draft and prosecute a patent application. Patent agents, however, cannot help you to enforce your patent because they cannot represent you in court. For that you need a patent attorney, and patent attorneys are generally more expensive than patent agents. Remember that getting a patent for your invention is just the beginning. If you invented something of value to others, it is likely that someone will infringe your patent, and you will have to enforce your patent rights in court. Here is where your patent will be tested.
To find a patent attorney or an agent is not difficult. You can try your local Yellow Pages or you can ask for a referral from other inventors who were pleased with the service they received from their patent practitioner. Or you can use the free, on-line Patent Attorney ? Patent Agent Referral Service operated by General Patent Corporation.
Before spending your life savings (or, worse yet, your in-laws? live savings) on getting a patent, remember that you do not need a patent to practice your own invention. Nor will the patent necessarily grant you that right. A patent is a right to exclude others from practicing your invention. That is, a patent gives you the right to sue for patent infringement. Unless you intend to enforce your patent should it be infringed, don't bother applying for a patent, and save your money.
One of the first things to do when you have an idea is to write it down. Documentation is the most important step you can make to in securing future rights to your idea. The documentation needs to be in a tight bound or engineering type notebook. These are like a basic school notebook that pages cannot be added. It's also a good idea to get a notebook that it's also difficult and noticeable if any pages are removed.
The notebook should then be your diary about your product or idea. Who you talk to, what you do to develop it. Rough drawings etc. The idea behind this is to establish "first" or "primary" claim on the idea. By having all the documentation and scribbles dated and written out, it becomes much easier to establish when the idea was first conceived and by whom.
So you have the product designs and idea all written out. Now it's time to decide if the time, expense and trouble of getting a patent is worth it. There are three basic factors that drive the decision to apply for a patent.
1. Market potential. Is your product the next big thing that will literally be worth millions if not billions of dollars? If the answer is "YES" then it's worth the effort to obtain a patent. Unfortunately , most decisions are that clearly defined. Many products with limited or local market potential can make the ambitious entrepreneur wealthy but may not be worth the effort to obtain patent protection. Limited market appeal doesn't mean a product isn't worth the effort to develop. Somewhere between these two extremes it becomes increasingly important to obtain patent ownership rights.
2. Selling the idea to another company. When companies buy ideas, designs, etc, they're really purchasing intellectual property rights. If you haven't established ownership or those rights however, anyone and everyone can take your great product idea and call it their own. It would then be up to you to establish your first claim of ownership. A patent establishes your position as owner.
3. Dollar Value. The higher the value of the product, the more it should be considered as a patent candidate.
The patent process is not that difficult to navigate but it may be a good idea to consider enlisting some assistance. You can get additional information through the United States Patent and Trademark Office. They're online at www.uspto.gov/web/offices/pac/design/toc.html. A good patent attorney could also be considered to handle the paperwork and application filings on your behalf with the federal government.
Once a patent is approved and issued, you have established ownership rights to your idea or product. This doesn't mean that you are protected however. Once obtained, it's then up to YOU to defend your rights through the court system should anyone use your design ideas without your permission. This can be a very expensive proposition and is the reason why the three points above should be considered before applying for a patent.
Both Alexander Poltorak & Abigail Franks are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Alexander Poltorak has sinced written about articles on various topics from Patent and Trademark. Alexander Poltorak is a Certified Licensing Professional and CEO of General Patent Corporation, the oldest patent licensing and enforcement firm in the US. Dr. Poltorak is an expert on patent enforcement,. Alexander Poltorak's top article generates over 480 views. to your Favourites.
Abigail Franks has sinced written about articles on various topics from Home Schooling, Health and Mortgage. Abigail Franks writes on a variety of subjects which include family, travel, and business. For more information on patents and patent protection visit the site at. Abigail Franks's top article generates over 246000 views. to your Favourites.