Patent it Yourself? Maybe not such a great idea after all!

By Heather Faucher | Posted on June 9, 2009 | Filed Under Patents 

So you have an absolutely amazing concept in mind, something so revolutionary it’s going to change the world–or at least one small slice of it.  You’ve drawn up some plans, put together a prototype, and now there’s just one little step between you and hitting it big.  Protecting your invention with a patent.

You might be tempted to take on the patent process yourself, since the United States Patent and Trademark Office (AKA the USPTO) allows inventors to file and prosecute applications without representation.  But doing this without the guidance of a patent attorney or agent can definitely come back to bite you in the rear later.  It’s always best to have a knowledgeable expert on your side whenever you’re taking on a new endeavor, and intellectual property is no exception.  In fact, many big-name companies who file thousands of patent applications a year do so with the assistance of outside patent attorneys because it’s such a specialized field that it only makes sense to have skilled practitioners prosecuting potentially priceless patents.

Consider this.  Getting a patent is not a cheap process.  Most inventors spend around $5,000 to patent a simple mechanical invention, $10,000 for an electronic or software invention, and $15-$20,000 for biotech or complicated technology.  For an independent inventor, this might sound like a lot of money, so much they might be tempted to cut costs by filing the patent themselves.  Considering that there are all sorts of forms, deadlines, filing fees, and other requirements to remember and meet, it truly is wise to have a professional guiding you through the process.

There are two types of professionals who can help you–patent attorneys and patent agents.  Both types are admitted to practice before the USPTO and have the technical or scientific background required by the USPTO to pass the Patent Bar exam.  As might be expected, attorneys also have a law degree, have passed a state bar exam, and are members in good standing of a state bar association.

While both agents and attorneys can file and prosecute patent applications, agents cannot assist in patent enforcement since they are not qualified to represent you in court.  Attorneys may be more expensive than agents, but keep in mind the extra training and expertise they can offer.  Obtaining a patent is just one step in the process.  Chances are if you really have invented something truly revolutionary, someone is going to infringe your patent at some point–and you’re going to need a skilled patent attorney in your corner to enforce your intellectual property.  Give yourself the best chance at success you can by hiring a professional patent attorney–both you and your invention deserve it.

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