After you’ve created a new and unique idea or invention, you’ll have to protect the invention. One way to safeguard your intellectual property is to file for a patent.
To file for a patent, you must apply to the United States Patent and Trademark Office (USPTO). This process can be pretty tricky and complex. But is it necessary to hire a patent attorney for the procedure?
Your decision should depend on various factors. These factors may include the personal time you will have to commit during the registration process, the errors you might make, your invention’s complexity, and the possibility of the patent being challenged.
So read on to find out if you need a patent attorney to file a patent application.
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Is A Patent Attorney Essential In Filing For A Patent?
The need for a patent attorney to help file your patent is not necessarily critical. Every inventor can file a patent for their invention by themselves. But what matters is if it is advisable. It can be pretty challenging to write a patent.
You must explain your invention’s technical details and also protect the invention. Your invention might be technically simple, but writing the patent yourself can still be risky.
Say, for example, you live in Houston, Texas, and want to write the patent yourself. Having a patent attorney in Houston to help examine what you wrote would be best.
You can also opt for a provisional patent application. A provisional patent application gives you a year’s window to write and submit a formal application. Provisional patent applications don’t have as many formalities found in a patent application.
There are multiple benefits to hiring a patent attorney to help file your application. Attorneys have several qualities that ensure the process goes without a hitch.
They include the following.
Expertise
A licensed patent attorney is well-equipped with the vital expertise to ensure your patent application is successful. They understand the legal aspects of a patent application and how to obtain one. Plus, they can also explain the fundamental technology that is essential to a patent.
Legal Advice
A patent attorney must understand your invention and business aims or commercial use goals. They must be able to advise on every legal aspect of the patent process. Such processes would include the correct type of patent you should obtain, filing a provisional patent application for your invention, non-disclosure agreements, timing requirements, and so on.
Help Deal With Complex Issues
The whole process of filing a patent can be very complex and challenging. There’s a lot of potential for error, as well as other complexities that you must deal with.
Some of these complicated issues might lead to problems in your patent application, like denial of an application and others. A professional and experienced lawyer can help you deal with such issues since they are well-equipped with the right skills.
The Knowledge Of The Process
Lawyers know the ins and out of the patent application process and how they can get it approved.
It can take about two years to get approval for a patent filed (not adding other requirements or missed deadlines that can increase this time).
Sometimes, errors can result in losing the right to a patent, so a patent attorney who understands this process becomes essential.
Filing A Patent Application Alone
With the above in mind, you can still file for a full or provisional patent application for your business by yourself. It’s easy to file for a provisional patent application since it is less formal and shorter.
But though it is less formal, the provisional patent application must also explain the process of creation and usage of your invention. The process requires many things from you, which include the following.
Project Management Skills
As part of filing for a provisional patent application, you must thoroughly know the process of managing complex projects. Moreover, you must also be able to meet deadlines.
For instance, you must file a patent application within a year from the first public sale. Also, similar to a lawyer, you have to abide by the deadlines and rules of the USPTO strictly.
Writing
Filing a patent involves writing, so you will need excellent writing skills. This is because you must present every piece of information.
It’s best if you also use legal and technical terminology in your application. This ensures that your application meets the standards set by the examiners at the USPTO.
Time
Filing a patent takes a lot of time. Time will be consumed reading and researching preexisting or similar inventions from the web. You’ll also spend time creating drawings and writing drafts.
You should expect to spend many hours on a single application. Many usually opt for the services of a patent lawyer to avoid these requirements that might take time from other business activities.
Finding A Patent Attorney
You can find patent attorneys through several online tools. This makes it relatively easy to find an attorney.
You can also check patent claims. A patent claim is a numbered sentence list that you can find at a document’s end. When searching, you can look for attorneys who have been successful in filing claims.
You can also call companies or inventors who have used the services of a patent attorney for a recommendation. After getting the contact information of the attorney, book a consultation.
During the consultation, you can discuss your issues or problems and find out if the lawyer is the right person for you.
Final Thoughts
Filing a patent application is possible without a lawyer. However, the confusing and lengthy process might make you not want to go through the process. Apart from their commitment, expertise, and knowledge, a patent lawyer is a reliable help that ensures your invention rights are maximized.
It’s just like how you can technically perform surgery on yourself. However, few people actually do it. Instead, you’ll want someone with the experience and knowledge to help you through this complex process.