how to get 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 get a patent?

Oct 18, 2021 · If you are seeking a patent as an individual, and an attorney is not assisting you, a patent examiner at the U.S. Patent and Trademark Office will be required to help you with the application. The two main goals of a patent application should be straightforward for an inventor.

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

Mar 30, 2000 · Thousands of inventors have successfully navigated the system without lawyers and have been rewarded with patents. In fact, federal law specifically requires patent examiners to help people who ...

How to file a patent application on your own?

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 …

Can a person who did not invent an item get a patent?

As a registered U.S. patent attorney with about twenty-five years experience (Walter J. Tencza, Jr., Esq., 732-549-3007; PATENTNOW.COM®, email: [email protected]) I have come in contact with many inventors who have tried to get a U.S. utility patent without legal assistance. Nearly all …

Can I file a patent on my own?

Can you do a patent search without a lawyer?

How much does it cost to file for a patent?

What is a poor man's patent?

What is the cheapest way to get a patent?

How can I patent my idea for free?

What are the requirements for getting a patent?

How hard is it to get a patent?

How long is a patent good for?

Is getting a patent worth it?

Can you patent an idea without a prototype?

Do I need a trademark or a patent?

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.

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.

Is a PPA a real patent?

As you begin to file your patent with the USPTO, you’ll be given a choice between filing a “regular patent application” (or RPA) or a more simplified “ provisional patent application” (called a PPA). The PPA isn’t actually a true patent application.

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 long is a patent?

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.

How to make a detailed record of your invention?

1. Make a Detailed Record of Your Invention. Detail the full process in a hard copy such as a notebook or computer file. Explain and detail each piece and all changes made to the invention. This includes your inspiration for designing it in the first place.

Can you get a patent on an invention that has no commercial potential?

Basically, you must fit your invention into one of the Patent and Trademark Office's broad categories and satisfy yourself, preliminarily, that the invention is something new. It is possible to get a patent on an invention that has no commercial potential at all, but most inventors don't bother.

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).

Is there a court in patents?

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. Describe the Invention on Paper.

Do patent attorneys do searches?

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 the patent database. Patent search centers on the Internet make this easier than ever.

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.

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 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 to do if you don't have money for a patent attorney?

If you don’t have the money for a patent attorney, you should explore the option of hiring a patent agent. Patent agents, like patent attorneys, are licensed by the patent office to assist inventors with patenting their inventions.

What is a patent attorney?

Patent Attorney: A patent attorney is a person who has completed law, passed his state’s bar exam, and is licensed by the USPTO to assist inventors with all aspects of patenting their inventions.

How long do utility patents last?

Utility patents last for 20 years from the filing date of a nonprovisional patent application. Design patents last for 15 years from the date the USPTO grants your patent application. Plant patents last for 20 years from the filing date of your patent application.

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.

Can a patent be obtained for a mere idea?

A patent cannot be obtained for laws of nature, physical phenomena, and. abstract ideas. A patent cannot be obtained for a mere idea. A complete description of the actual machine or other subject matter for which a patent is sought is required.

Can USPTO employees give legal advice?

USPTO employees cannot give legal advice. However, through increased assistance and resources for independent inventor and small business communities, the program aims to increase the quality of pro se applications and assist pro se applicants with making informed decisions regarding their patent applications.

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 long does a patent last?

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. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. See more information about patents.

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 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.

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, ...

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 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.

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.

Do patent attorneys have to go through certification?

Both patent agents and patent attorneys must go through a certification process with the USPTO. The purpose is to ensure that the attorney or agent can converse with the inventor in the technical language of the invention in the course of representing that person.

Can a patent agent represent you in litigation?

Patent agents, however, cannot represent you in litigation or perform any activity amounting to the practice of law.

Can a patent attorney advise Tony?

But she cannot advise Tony as to the legal consequences of his ownership of the invention (for instance, in a divorce or for purposes of making a will). Patent attorneys, by contrast, can offer legal advice as well as communicate with USPTO representatives.

How to patent an invention?

Begin patent research to confirm that your invention hasn't already been patented by someone else. Consider whether your invention is commercially viable. Perform market research in your industry to determine whether pursuing a patent is in your best financial interests. Hire a patent attorney.

How much does it cost to get a patent?

The cost of obtaining a patent depends on how complicated an invention is. Basic government filing fees are affordable, and they begin at $140 for small entities, which include individual inventors, small businesses, and universities. For larger businesses , the basic filing fee is $280.

What are the different types of patents?

There are four main types of patents: 1 A utility patent protects inventions that have a specific function. This is the most common type of patent and serves as the focus for most discussions about patents. 2 A design patent protects non-functional parts of an item such as a unique shape or other aesthetic qualities. 3 A plant patent protects plants, such as flowers or vegetables, that an inventor has created or discovered and then reproduced. 4 A software patent protects software.

What is a patent?

A patent is a property right that the government grants to inventors to forbid others from making or using an invention for a limited period of time (usually 20 years). If someone does steal your invention, the patent grants you the right to sue the guilty party. Sometimes, someone who did not invent an item can hold the patent right ...

What is the most common type of patent?

There are four main types of patents: A utility patent protects inventions that have a specific function. This is the most common type of patent and serves as the focus for most discussions about patents. A design patent protects non-functional parts of an item such as a unique shape or other aesthetic qualities.

What is utility patent?

A utility patent protects inventions that have a specific function. This is the most common type of patent and serves as the focus for most discussions about patents. A design patent protects non-functional parts of an item such as a unique shape or other aesthetic qualities.

What is a patent for a design?

A design patent protects non-functional parts of an item such as a unique shape or other aesthetic qualities. A plant patent protects plants, such as flowers or vegetables, that an inventor has created or discovered and then reproduced. A software patent protects software.