Is it better to go through the patent process on your own or with a patent lawyer?

Question

I'm doing a senior project and I need to write a research paper and my mentor said I should use the above question as my topic. I'd just like some opinions from people who have gone through the patent process and what they think. I'm going to get a provisional patent on one of my ideas and I think having a patent attorney is helpful but I also think its possible to research on your own. So if any of you have ideas of what I could put on each side that would be great! Thanks a lot

Answer 1

As with many things, there is "book larnin" and "how it really works". If you have no experience with the patent process, you would be in for a rude surprise. I had many patent clients who came with their files already full of official objections and rejections that might have been avoided by a seasoned practitioner.



Also note that there is no such thing as a "provisional patent". The provisional application grants no rights other than the right to claim priority of invention from the official filing date when (and if) you file a national application for a utility patent. Okay, it also gives you the right to say, "patent pending", for what it's worth.



Even messing up a provisional could cause mistakes fatal to your patent rights, such as improper and incomplete disclosure of the claimed invention in the provisional application. Assuming your patent is eventually issued and you sue someone for infringement, their first defense is ALWAYS to challenge the validity of your patent. So, if you claim priority to a PPA that doesn't actually disclose the same invention you later claimed they are infringing, you lose your case, if not also your patent.



A patent agent can advise you on the rules of the patent office to obtain a patent. A patent attorney can also advise you on legal aspects of your application, such as patentability, licensing, trade secrets, etc.

Answer 2

Ryan:



The answer is........... How about you writing the very best research paper on the planet by making the determination yourself..



If you have LOTS of money of course hiring a patent attorney is the VERY BEST... If you do not then you need to know if filing it yourself is viable..



Remember... Congress "gave" you the Provisional Patent Application because the US Government WANTS you to make a zillion dollars so you can pay taxes... They assume if you can protect your inventive idea you might just do that...



Do you know that the Provisional Patent Application only costs $125 and was designed by Congress to give individual inventors a chance at bringing their inventive ideas to market easily. It is SUPER EASY to do..



To see the top 10 reasons to file a Provisional Patent Application please watch the second video in this blog.

http://www.filepatentapplications.com/blog/



If a provisional patent application looks like the right thing for you to do then take a look at another website that shows EXACTLY how to file one using a video format.

http://provisionalpatentvideo.com/



If you need to know how to get your product sold on TV or to Costco, or Home Depot, or Target and the like then you might also enjoy reading this information by the Ginsu Knife guy! It is pretty cool. He gives you all his contacts and personal email!

http://bit.ly/GinsuKnifeGuy1



Of course you could ALSO just go to the US Patent Office and figure out how to file a patent yourself. Here is the link..

http://www.uspto.gov/patents/process/index.jsp

The flow chart there is pretty nice to give you an idea how to do what you want to do!



Their patent search is hard to use and you need special programs to look at the patents… Instead, consider using Google Patent Search!



Here is how you can use Google Patent Search to search for an "Oscillating inertial microbalance"

http://www.google.com/patents?id=M5GRAAAAEBAJ&pg=PA6&dq=Oscillating+inertial+microbalance&hl=en&ei=vrbGTvGeDoXhiAKWpfXxDw&sa=X&oi=book_result&ct=result&resnum=1&ved=0CDAQ6AEwAA#v=onepage&q&f=false



Just type the term you want to search for in the search box. Play with MANY variants of your inventive idea.



Also, for a more global patent search look here:

http://worldwide.espacenet.com/advancedSearch?locale=en_EP



Remember... Patents are MOSTLY "Improvements" on other inventions.. So, while you may see something SIMILAR to your inventive idea it does not mean that you cannot patent your IMPROVEMENT.. Example... A tire is an IMPROVEMENT on a wagon wheel. A radial biased ply tire is an IMPROVEMENT on a non radial biased tire. There are over 10,000 patents on tires... Nearly every single one is an improvement!



And… a special gift for you is a sample Non Disclosure (also called an NDA) that you would have folks sign when you show them your inventive idea. You can change it up and use others but if you have NOTHING now it is a very good start written by my lawyer who charged me a TON for it!

http://www.4lowprice.info/images/NDA_GeneralMutual.doc



For EXTRA credit take a look at getting a free website widget here. DO NOT BUY ANYTHING. Just use the FREE widget thing..

http://CBproAds.com/refer.asp?id=50245 It will allow you to put adverts to eBooks on nearly ANY subject. If you had a store that sells horse blankets then you would include a widget that featured an eBook on how to stop horses from biting! You get 50% of whatever book folks buy. Pretty nice!



If you like my answer can you vote on it?



Thanks,



Dave

Answer 3

Been searching for 5 years, for a dozen diverse gadgets. regrettably, you're searching at $10-$20 thousand, universal expenditures, and four years. Pre-paid does no longer provide patent facilities.