Inventor News – Should You File Your Own Patent?

An image showing an inventor realizing the complexities of filing a patent pro se. The background includes legal documents, patent illustrations, and representations of intellectual property challenges. In the foreground, the inventor, dressed in work overalls and surrounded by tools, looks overwhelmed while trying to write a patent application. Symbols of legal hurdles and intricate technical drawings are integrated into the background, emphasizing the need for professional assistance. The overall tone is cautionary and educational.
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The Risks of Filing a Patent Pro Se

Inventors often tell me that they filed “Pro Se,” meaning they filed their patent on their own instead of using a registered patent attorney. While this might save money up front, it will most likely cost you in the long run.

From a legal standpoint, filing on your own is allowed. But that shouldn’t be the only aspect you’re concerned with. The better question is, “Should you?” The answer is: it’s not a good idea. Why? Because the quality of your patent protects you from infringement. A patent is a legally binding document, and you want it to hold weight.

Would you do a major car repair on your own? Install a new roof on your own? Install your own pacemaker? Most likely not, unless you were a professional in these industries. A patent is similar. By the time you realize you did something wrong, it will be too late to fix it.

Writing a patent is an art, and people go to school for years to master this skill. You can’t learn it in a Saturday morning class or by reading a book. Using a template to fill in the blanks is just as bad because those one-size-fits-all patent applications don’t carry much weight in court.

A patent is supposed to grant you ownership of intellectual property (your unique idea) for a period of time, and it has to withstand the scrutiny of a challenge in court. While an inventor tends to write what they see, an attorney knows to cast a wider net. The artistry of a quality filing makes it as broad as possible, covering as much territory as possible.

Experienced inventors with years in the field might develop the ability to write a reasonable patent application, but most inventors risk everything by filing on their own. It requires a specific skill set to not only pen a high-quality patent application but also to complete the “tug-of-war” with the patent office to get it issued.

You don’t need a patent to take a product to market. You need the patent to negotiate if you want to license your product or protect it from infringement. If you don’t plan to use a registered patent attorney, ask yourself, “Why file at all?”

Want more advice on how to successfully get your product to market? Follow Invent-America on social media, and we will keep you informed about common issues inventors face. Check out the other resources we recommend:

  1. Invent America Radio: Invent America radio is always looking for inventors to be on the show. It’s free for the American Inventor to join us. Just fill out the form on the website: Invent-America.
  2. Service Providers: Inventors need multiple service providers to get a product to market. One bad service provider can make the difference between success and failure. If you need access to high-quality, vetted service providers, let us know. We have many in all categories.
  3. Inventors’ Roundtable: Join us at the monthly Inventors Roundtable meetings. There are two virtual meetings a month where inventors can meet and visit with other inventors from around the country. The meetings are free, and inventors learn a lot from talking to other inventors. Visit Inventors Roundtable for more information.

 

 

A concept image showing the complexity of patent filing. The background includes illustrations of legal documents, technical drawings, and abstract intellectual property concepts. In the foreground, an inventor is struggling to balance a large book while working on a detailed technical drawing, emphasizing the need for professional assistance. The image has a serious and educational tone.
A concept image showing the complexity of patent filing. The background includes illustrations of legal documents, technical drawings, and abstract intellectual property concepts. In the foreground, an inventor is struggling to balance a large book on his back illustrating Patent Law while working to navigate the process over a detailed technical drawing, emphasizing the need for professional assistance.
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