how to obtain a patent without an attorney

by Prof. Aletha Hodkiewicz II 8 min read

The Pro Se Assistance Program provides outreach and education to applicants (also known as "pro se" applicants) who file patent applications without the assistance of a registered patent attorney or agent.Feb 14, 2019

Can you patent an idea 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.

Can I do a patent myself?

You can draft and file the provisional application yourself using the USPTO's online web portal or use an online service to create and file a patent application for you. If you file patent yourself, ask a lawyer to gently review it before your file it.

How much does it cost to file a patent by yourself?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

What is the cheapest way to get a patent?

Cheapest way to get a patentDo-It-Yourself (Draft it and File it Yourself) ... Cost of Filing It Yourself. ... Still To Expensive? ... Cost of Filing It Yourself. ... Fiverr & Other Low Cost Options. ... If Budgets Allow - The Better Option Is to Use an Attorney. ... The Cost of An Attorney.

What is a poor man's patent?

A 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 types of patents?

What kind of patent do you need? 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.

How long does it take to get a patent approved?

about 22 monthsAccording 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.

How much is a patent for an idea?

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.

Does a poor man's patent hold up in court?

Even under the old system, i.e., the “first to invent” system, a “poor man's patent” standing alone, i.e, without a patent application, was worthless. You cannot access the court system and ask a judge or a jury to enforce a right that the U.S. Government does not even recognize as a right.

How do I patent my invention?

Steps to Filing a Patent ApplicationKeep a Written Record of Your Invention. Record every step of the invention process in a notebook. ... Make Sure Your Invention Qualifies for Patent Protection. ... Assess the Commercial Potential of Your Invention. ... Conduct a Thorough Patent Search. ... Prepare and File an Application With the USPTO.

How can I get a quick patent?

The easiest and most potent way to expedite examination is to use the USPTO's Prioritized Patent Examination Program (also known as "Track One"). Under the program, an applicant pays an extra fee (ranging from $1,000 to $4,000, depending on the applicant company's size).

How do I start the patent process?

Steps to Getting a PatentWork on your invention and document the entire process. ... Confirm that you have an invention, not merely an idea. ... Consider whether your invention is commercially viable. ... Hire a patent attorney. ... Submit a provisional patent application. ... Submit the application. ... Communicate with the USPTO.