The Debate: DIY Patent Filing Versus Hiring A Patent Lawyer

Dunlap Bennett & Ludwig PLLC
Contact

As with most things in life, you get what you pay for. While do-it-yourself options or low-cost alternatives to legal counsel seem like a good deal, it is usually penny-wise and proud foolish. Of course, as the inventor you understand technology much better than anyone else on earth; otherwise, your invention would not be novel and non-obvious.

That said, being an expert engineer, programmer, or scientist does not qualify you to fly a plane or operate on someone’s brain. Like any highly technical field, patent lawyers are experts in filing patents.

What do patent lawyers bring to the table that DIY patent filing does not?

1. Knowledge and expertise

Patent lawyers have extensive knowledge and expertise in patent law and the patent application process. They understand the legal and technical requirements for obtaining a patent. Likewise, they can help navigate the complex and ever-changing rules and regulations governing the patent system. This includes avoiding pitfalls you may not even know exist, like the requirement to disclose prior art, or the way drawings have to be labeled.

2. Increased chances of success

Filing a successful patent application requires a thorough understanding of the law and the ability to navigate the patent office’s examination process. USPTO examiners are not one size fits all, and different technical fields review applications within USPTO art units in different ways. Patent lawyers can help ensure that your application meets all legal and technical requirements, increasing your chances of obtaining a patent.

3. Avoiding mistakes and delays

Filing a patent application is a complex and time-consuming process that requires strict adherence to deadlines and procedures. Patent lawyers are trained to identify and avoid common mistakes that can lead to delays or the rejection of your application.

4. Protection of your intellectual property

A patent is a valuable asset that can provide legal protection for your intellectual property. Patent lawyers can help ensure that your patent application accurately and fully describes your invention. They can also provide guidance on how to protect your intellectual property from infringement. Patent lawyers can often point out if there are alternatives to patent or additive processes. These can be copyrighting source code or protecting a brand associated with an inventions commercial launch.

5. Litigation and enforcement

In the event that your patent is infringed upon, a patent lawyer can help you enforce your rights through litigation or other means. They can help you navigate the legal process and maximize your chances of success. Drafting an application for a patent requires knowledge of the good, the bad, and the ugly.

6. Business advice

Any good patent lawyer will not just help with the technical requirements. They can also advise you or refer you to lawyers who can advise you myriad other aspects of owning a patent, from licensing and non-disclosure agreements, to co-inventorship.

How do you choose a patent lawyer?

Obviously you need to hire a patent attorney who is licensed in the US. Beyond that, look at the firm’s website, and the background of their attorneys. Additionally, hiring a patent lawyer whose firm only does patent prosecution can limit the advice and expertise you might have access to regarding contracts, disputes, licensing, and litigation. Choosing a law firm with a broader expertise in intellectual property and litigation can provide you with a larger breadth of support when it really matters.

Conclusion

In short, it is possible to file a patent application on your own. However, hiring a patent lawyer can help ensure that your application is filed correctly. They will ensure your IP is protected to the fullest extent possible. A patent lawyer can provide valuable guidance and expertise throughout the patent application process. All of this increasing your chances of obtaining a valuable patent for your invention.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dunlap Bennett & Ludwig PLLC | Attorney Advertising

Written by:

Dunlap Bennett & Ludwig PLLC
Contact
more
less

Dunlap Bennett & Ludwig PLLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide