3 years, 3 months ago
What is the best way to apply for a patent?
Should I use an attorney or pursue it myself?
I have a technical invention that involves software and hardware. I plan to put the system into production but want to protect myself with a patent. What is the best way to get the patent and what will it cost in time and money?
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M$4 Answers
You should definitely get a lawyer. I'm not sure what it will cost, but the investment will be worth it. There are a lot of gotchas in patents that can make them unenforceable in court, and a lawyer that specializes in patents can help shepherd you through that process.
Most people don't know this, but patents are kind of inconsequential until they're tested in a court of law. That sometimes is the only thing large companies will respond to. A lot of times they operate under the mantra, "It's cheaper to ask for forgiveness than for permission." So they will step on a patent they think is unenforceable in court, or if they think the holder of the patent doesn't have the time or resources to fight them on it.
Our patent system is kind of broken, and so it really behooves you to get someone that is an expert in this area. Unlike you, most patent holders do not make money selling a product directly connected to their patent. They make their money by licensing their patent to companies that want to use the idea in the patent. There are companies where this is their entire business model. The system has kind of bent to their will, and so might not be as responsive to a person like you that wants to use it in the way it was originally intended.
I would say that it's not worth it financially to go through the process alone. Patent lawyers spend many years studying just this area, and it would probably cost you more money via time to figure it out on your own. There is also the added risk that you, as a novice in the field, might make a mistake. If you get a lawyer then you can check his work with another lawyer then proceed from there. They do this stuff everyday. You don't. I would use them as a resource because it will probably save you money in the long run if your patent does provide significant business for you. The pricing is, however, going to be pretty variable depending on where you are in the world, and how many years of experience your lawyer has.
Also, remember to budget for a second opinion. This is your livelihood that you're thinking about, and so investing in it properly can only help you. This is not the place to skimp on expenses. It is the linchpin of your entire business plan.
The website I have listed in my sources will help you find the right patent attorney.
Most people don't know this, but patents are kind of inconsequential until they're tested in a court of law. That sometimes is the only thing large companies will respond to. A lot of times they operate under the mantra, "It's cheaper to ask for forgiveness than for permission." So they will step on a patent they think is unenforceable in court, or if they think the holder of the patent doesn't have the time or resources to fight them on it.
Our patent system is kind of broken, and so it really behooves you to get someone that is an expert in this area. Unlike you, most patent holders do not make money selling a product directly connected to their patent. They make their money by licensing their patent to companies that want to use the idea in the patent. There are companies where this is their entire business model. The system has kind of bent to their will, and so might not be as responsive to a person like you that wants to use it in the way it was originally intended.
I would say that it's not worth it financially to go through the process alone. Patent lawyers spend many years studying just this area, and it would probably cost you more money via time to figure it out on your own. There is also the added risk that you, as a novice in the field, might make a mistake. If you get a lawyer then you can check his work with another lawyer then proceed from there. They do this stuff everyday. You don't. I would use them as a resource because it will probably save you money in the long run if your patent does provide significant business for you. The pricing is, however, going to be pretty variable depending on where you are in the world, and how many years of experience your lawyer has.
Also, remember to budget for a second opinion. This is your livelihood that you're thinking about, and so investing in it properly can only help you. This is not the place to skimp on expenses. It is the linchpin of your entire business plan.
The website I have listed in my sources will help you find the right patent attorney.
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M$Report Abuse
Well the official US patent office website has a lot of information on the subject of applying for patents.
http://www.uspto.gov/main/patents.htm
My grandfather's an engineer (coal mining industry), and he's always gone for all the patents himself, never needed a lawyer.
http://www.uspto.gov/main/patents.htm
My grandfather's an engineer (coal mining industry), and he's always gone for all the patents himself, never needed a lawyer.
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M$
After reviewing the website of the U.S. patent office, and the requirements necessary to file a patent, I think it would be in your best interest to look into having an attorney or agent assist you in filing a patent.
As you can see here, the requirements necessary for a utility patent application are pretty extensive and detailed:
http://www.uspto.gov/web/offices/pac/utility/utility.htm
And as you'll see on these pages, even the patent office suggests using an attorney or agent because of how complicated of a task it can be to apply.
I would suggest using the following patent attorney/agent directory, finding one in your area, and calling them to ask a few preliminary questions to see what the benefits are and what they can offer you that you can't do yourself. Trust me, they will give you all the information you are looking for because, well, they want your business! They should be able to give you a time comparison as well of how much time they can save you by using them.
https://oedci.uspto.gov/OEDCI/
Good luck..and let's see the 'hawks crush the Wildcats on Saturday!
As you can see here, the requirements necessary for a utility patent application are pretty extensive and detailed:
http://www.uspto.gov/web/offices/pac/utility/utility.htm
And as you'll see on these pages, even the patent office suggests using an attorney or agent because of how complicated of a task it can be to apply.
I would suggest using the following patent attorney/agent directory, finding one in your area, and calling them to ask a few preliminary questions to see what the benefits are and what they can offer you that you can't do yourself. Trust me, they will give you all the information you are looking for because, well, they want your business! They should be able to give you a time comparison as well of how much time they can save you by using them.
https://oedci.uspto.gov/OEDCI/
Good luck..and let's see the 'hawks crush the Wildcats on Saturday!
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$
You can absolutely apply for a patent yourself. It is very straightforward. The only thing is - it is a little bit like turning a 4th grade math assignment - you have to show your work. Follow their directions step by step and you will have no problem.
The nice thing about using the attorney is that you only have to turn in the sketch or the concept to them and they will take it from there. They do this all the time and know how to streamline the process and should not miss anything. The only thing is that it will cost you quite a bit of money depending on the project.
Once you have been issued a patent then the big thing is to follow it and protect it! If someone files any paperwork saying there may be a conflict - you have to respond to it. When the deadline comes up to renew it - you have to renew it. This is where it is nice to have an attorney (again costly).
Finally, the one thing about filing yourself and keeping track of it yourself is that there is not a single attorney out there that will care about this project as much as you do ( no matter how much you pay them ).
Read the link page below before you make a decision to hire someone else to help you with this.
Good Luck!
The nice thing about using the attorney is that you only have to turn in the sketch or the concept to them and they will take it from there. They do this all the time and know how to streamline the process and should not miss anything. The only thing is that it will cost you quite a bit of money depending on the project.
Once you have been issued a patent then the big thing is to follow it and protect it! If someone files any paperwork saying there may be a conflict - you have to respond to it. When the deadline comes up to renew it - you have to renew it. This is where it is nice to have an attorney (again costly).
Finally, the one thing about filing yourself and keeping track of it yourself is that there is not a single attorney out there that will care about this project as much as you do ( no matter how much you pay them ).
Read the link page below before you make a decision to hire someone else to help you with this.
Good Luck!
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M$
