how to file a patent without an attorney

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

Do I need a lawyer to file a patent?

Oct 18, 2021 · Filing for a Patent Without a Lawyer Many inventors hire a patent attorney to help them navigate the application process, but this is not always necessary or worthwhile. Attorney fees tend to be very expensive, often costing more than the application fees.

How much does it cost to file a patent without an attorney?

Despite what many people will tell you, you don't need a patent attorney to file a patent. Indeed, you might be surprised to know that many patents that are granted are given to resourceful inventors who never paid a dime to a patent attorney. The patent application process can be a little complex at times, but the patent examiners at the United States Patent and Trademark …

Where can I get free legal help with my patent application?

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 and what do they do?

In addition, it oversees the Pro Se Assistance Program for applicants filing without the help of a patent attorney. OID has past monthly Inventor Info Chat webinars that provide information to assist in filing, understanding the patent prosecution process, and services provided for …

Can I apply patent without 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.Feb 14, 2019

Can I file a patent by myself?

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 do I file my own patent?

How to File a Patent in X StepsSearch the United States Patent and Trademark Office. ... Find a patent attorney. ... Determine what type of patent you need. ... File a provisional patent application. ... Become a Registered eFiler. ... Gather information for your formal application. ... Complete and review your formal application.More items...•Jan 22, 2016

How much does it cost to file a patent?

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 the cheapest way to get a patent?

0:173:46The cheapest way to get your patent started - file a provisional patentYouTubeStart of suggested clipEnd of suggested clipApplication is the simplest way to start the process of applying for a patent. It can only be filedMoreApplication is the simplest way to start the process of applying for a patent. It can only be filed at the US Patent and Trademark Office or USPTO. The US government agency in charge of patents.

How can I get a free patent?

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.Mar 1, 2018

What are the 3 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

What are the 4 types of patents?

There are four different patent types:Utility patent. This is what most people think of when they think about a patent. ... Provisional patent. ... Design patent. ... Plant patent.Jul 12, 2021

What is a poor man's patent?

The theory behind the “poor man's patent” is that, by describing your invention in writing and mailing that documentation to yourself in a sealed envelope via certified mail (or other proof-of-delivery mail), the sealed envelope and its contents could be used against others to establish the date that the invention was ...Oct 13, 2019

Can I patent a process?

Yes, you can patent a process. Patenting a process involves obtaining a utility patent to protect a series of steps taken to manufacture a physical object. That said, to be able to patent a process, your process must have patentable subject matter, must be new and unique, must be useful, and must be nonobvious.Oct 8, 2020

How do I submit a patent online?

How To File a Patent Online: Everything You Need to KnowStep 1: Search the Website of the United States Patent and Trademark Office (USPTO) ... Step 2: Hire a Patent Attorney. ... Step 3: Determine the Right Type of Patent. ... Step 4: Apply for a Provisional Patent. ... Step 5: Register as an eFiler.More items...

How long does it take to complete a filing and be granted a patent?

According 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.

Preparing to File

You will want to take notes during the process of developing your invention on the various modifications and improvements that you made. You also should document your inspiration for the invention and any testing that you conduct on prototypes.

Filing the Application

There are two main types of patent applications: regular patent applications and provisional patent applications. The regular patent application will trigger the USPTO examination process through which an invention needs to pass before it gets protection.

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.

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.

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.

Do I need an attorney to file a patent?

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.

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.

Can the USPTO recommend an attorney?

The USPTO cannot recommend a particular attorney or agent, nor aid in the selection of an attorney or agent, as by stating, in response to inquiry that a named patent attorney, agent, or firm, is reliable or capable.

What is the composition of matter?

The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients (chemicals) as well as new chemical compounds. Examples may include a pharmaceutical drug or shampoo. An example of a machine may include a bicycle, an apparatus, or device.

What are the duties of a patent attorney?

Among the tasks required in this process are: 1 ascertaining the patentability of an invention, including a showing that it is useful, innovative, novel, and non-obvious 2 creating, documenting, and filing all applicable application documents, including descriptions, claims, drawings, and other forms 3 performing patent research, both in the United States and in foreign countries, regarding the existence of potential patent infringements 4 filing the regular or provisional patent application 5 paying applicable patent application fees, and 6 dealing with USPTO examiners during the application examination process.

What is a PPA?

Provisional Patent Application ("PPA"): A short, informal document containing text and drawings that describe how to make and use an invention; establish an effective filing date for an invention; and enable an applicant to use the term "patent pending" on the invention.

How much does a patent attorney cost?

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, the costs of the legal feels could be significantly higher.

Can an inventor file a 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.

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.

How long is a PPA?

As discussed earlier, filing a PPA is far easier than filing a regular patent application. PPAs are usually less than ten pages long and written in an informal style. Academic or technical journal articles are often sufficient for submission, provided the document describes how to make and use the invention.

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).

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.

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.

Who was John Jacoby?

John Jacoby of Huntingdon Valley, Pa. John Jacoby realized he was wasting his money on a patent lawyer after he gave the lawyer some legal information. The lawyer put the same information in a letter back to him -- and sent a bill for it. So he decided to save himself some money and struck out on his own.

Do I need a lawyer to get a patent?

Here's a quick look at the steps necessary to get a patent. You'll see that nothing about the process requires a lawyer. There is no court, no jury, no need to understand cases or read statutes. The Patent and Trademark Office has some specific rules, but you can follow them as you would a recipe in a cookbook.

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 ...

Did Carol Randall get a patent?

Describing herself as "a housewife with a head full of ideas," Carol Randall says she had a great experience getting a patent herself. She received a patent for ear clips, which keep ears from being burned by hot combs or the chemicals in hair relaxers. Randall's experience with the Patent Office was very positive.

What are the requirements to get a patent?

In order to be granted a patent, not only must your invention itself be new and nonobvious, but the application must meet certain legal requirements (for example, it must disclose the invention in enough detail for someone in the field to reproduce it) and follow procedural requirements, such as detailed instructions on preparing drawings.

What is a law school clinic?

The Law School Clinic Certification Program consists of independent law school clinics that provide free legal services to qualified inventors. However, an important difference is that law students provide the services under the supervision of an experienced law school supervising attorney. Over 50 law schools currently participate in the program.

What is the USPTO?

The USPTO gives you useful information and non-legal advice in the areas of patents and trademarks. The patent and trademark statutes and regulations should be consulted before attempting to apply for a patent or register a trademark. These laws and the application process can be complicated.