Can I Patent on My Own?

April 29th, 2008

Have you ever wondered if you could file a patent on your own? This type of patenting is called pro se, meaning, without attorney. You can file a patent application on your own, without the help of an attorney. Make sure you are careful, meticulous, and conform to a couple of standards set up by the United States Patent and Trademark Office (USPTO).

The USPTO has been specifically set up to help the inventor who chooses to not use, or cannot afford, a patent professional. When filing a patent application, it is important to understand that a patent attorney is not required. Most people, whether they know it or not, are more than capable of completing the entire applications process. Just keep a few simple guidelines in mind and the process will go smoothly.

The most important guideline to keep in mind; you must be thorough. You cannot leave any information out of the original application. As the inventor, you must be certain that all information is contained in the first draft. You will be given just one chance to do so. Once you submit the application for review by a patent examiner, you will no longer be able to add any more. The reason for this is simple. If an application was allowed to be amended with new information, it would change its original scope. The original scope, also known as embodiment(s), must be clearly established from day one.

Another area to consider when you patent on your own; you must have clear drawings. The drawings do not have to be done by a professional draftsperson or accomplished using a computer aided drawing (CAD) program. However, they must be neatly drawn, not contain erasures, and clearly depict what it is you are inventing. If you take your time and not make any careless mistakes you should be fine. Patents have been awarded to many inventors who only used a pen and a sheet of paper to represent their idea. Just make your drawings look as professional as you can.

Lastly, don’t forget the fees. When you have completed your application and are ready to mail it to the patent office, take time to look at the most recent fee schedule. The cost of doing business with the USPTO changes every year. Also, the fees associated with a provisional patent application are different than the ones for a real patent application. If you do not include the right payment amount, your application will be delayed until the proper payment amount is remitted to the patent office.

Every year thousands of individuals apply for patents in the United States. Many of those people have taken the time to learn how to do so, pro se. With proper preparation your attempt to patent on your own will be just as complete as any performed by a patent attorney.

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