Can I file for a patent on my own or do I need an attorney?

A patent application is extremely complex and expensive and if you don't do it right, the chances of the USPTO denying your application are very good. If you've obtained a patent before, you may be able to do the next one on your own. A patent attorney or a patent agent can save you a lot of time and money and increase greatly your chances of obtaining a patent. The examination process can take as little as 9 months according to the USPTO but usually takes much longer.

You can file for a patent without a patent attorney or agent, but I wouldn't recommend it. Patent law, like other law practices is highly specialized and there are many important things to consider as you apply for a patent. If your invention is not successful (that is you don't make much money from it) then it really doesn't matter, but if you are successful, then having a patent application that you filed without professional help could leave you very vulnerable if your patent is challenged. Of course I am a patent attorney and have vested interest in having people use a patent attorney; however, I truly believe that it is in your best interest to hire a patent professional if you want patent protection. Although I am an attorney, I wouldn't dream of not using a real estate attorney to close on a house or a tax attorney if I had a tax issue, etc. The law is constantly changing and you need to have someone familiar with the practice in order ensure you rights are protected. I understand that money is an issue, but I think it is often just a waste of money to try to file a patent application on your own. The patent process takes some time with most applications taking between 18 months to two years before we hear back from the patent office. The patent office has been working to improve the time and it does seem to be improving, but it is generally not a fast process. Some applications or more complicated than others and having a good patent professional to help explain the process is very important.

You should get help from an attorney. It usually takes about 2 months to prepare and file the application. It usually takes about 2-3 years before they respond and they almost always respond with a rejection. The process is very complicated (the rule book is 10,000+ pages long). Plan on spending between about $7k - $12k with your attorney to prepare and file the application.

The purpose of filing a Patent Application is to obtain a Patent that protects your technology - all of it. The U.S. Patent Office does allow an inventor to proceed without the assistance of counsel. It is a common misconception that everything that is disclosed in the Patent is protected. The metes and bounds of an issued Patent are the Claims. Only the technology that is claimed is protected. The costs of preparing and filing a Patent Application will vary with the scope and sophistication of the technology. Generally, an initial Application can be prepared and filed for as little as $2500. Counsel will generally bill you for the time necessary for preparing the Application. Oftentimes, if the inventor takes an active role in assisting Counsel, these costs can be minimized. The inventor can meet with Counsel in advance and discuss the technology of the invention and request a quote. Many Attorneys provide a free initial consultation. We would strongly recommend proceeding with the assistance of Counsel. Good luck! Gerald R. Black

You can - but it is NOT recommended. What you save in attorney fees ($6000 and higher) - you likely lose in poor drafting choices. There are a number of books available to show you how to prepare and file a patent application - avoiding the expense of a patent attorney of agent - but these books are no substitute for a patent professional. Go to the US Patent Office website - www.uspto.gov and research patents using key words related to your invention. Read 10 or 20 patents related to your ide to see how they are crafted. It is a complicated area of the law. You can always "draft" your application based on what you have invented - using the "prior art" as a drafting guide - and then have a patent attorney (or agent) finalize the work before it is filed in the Patent Office. Filing is just the first step. The case will be examined and mist likely rejected by a patent examiner. Your patent attorney will then work with you to craft an appropriate response - likely with claim amendments - that might result in you obtaining a patent. Once granted - you still need to sell or license your patent to make money - unless you plan to manufacture and sell your produce directly to the public. It can be costly to make a product that is successful - but it does happen! Good Luck.