Filing a Patent

[lovemuffin]

What is the name of your state? Florida

I will be filing a Patent myself. However, are their legal advisors or lawyers out there who are willing to go over my Patent application for errors? If so, does anyone know the estimated cost for this service, and where to obtain it?

Thank you.

 

[divgradcurl]

What is the name of your state? Florida

I will be filing a Patent myself. However, are their legal advisors or lawyers out there who are willing to go over my Patent application for errors? If so, does anyone know the estimated cost for this service, and where to obtain it?

Thank you.

I don't know if there are any patent professionals that would be willing to simply look over a patent written by someone else for errors -- there's probably too much liability for most practitioners to do this -- but you never know, so it doesn't hurt to ask. Go here: http://www.uspto.gov/web/offices/dcom/olia/oed/roster/index.html, there's a way to search for patent attorneys and agents by geographical area, such get a list, and start calling. You might also use Google to search for patent agents or patent attorneys. Patent agents are usually, but not always, cheaper than patent attorneys.

 

[tpgnh]

you get what you pay for....

I am not sure a patent professional would review a patent written by a non-professional. Too many liability issues. What I would suggest is to find a patent attorney or agent that agrees to work with you. The most important part of the patent is the claims. Have the patent attorney or agent draft the claims, but work with him/her closely to ensure that he/she does not have to spend a lot of time coming up to speed on the invention. Once the claims are drafted, the rest of the application should fall into place, i.e., what drawings are needed and the description that goes along with the drawings. Pay him/her for their time, you get what you pay for and doing your own patent, while possible, is not really efficieint legally or in the long run economically.

 

[buggywhip maker]

another 2 cents worth

While I agree that patent claims are likely the most important part of a patent application, the information one supplies in the body of the application can make or break a patent, especially one filed pro se.

Unless the patent office rules have recently changed, a pro se filer may request assistance from the patent examiner in drafting claims. If the examiner finds merit in the patent application, but the ensuing claims are improperly written (i.e., in claims one must first mention a widget, then said widget, and afterwards, the widget), then the examiner must draft claims that adhere to office rules. However, if there is no merit in the body of the application, this will not happen and it will be denied.

Also, patents hinge upon anticipation by previous filings. For example, if a patent is granted for new and inventive doggie toenail clippers, then someone else may be able to patent a similar (but different) device for cats. However, even though the claims may relate only to dogs, if the body of the application states, "the applicant recognizes that the doggie toenail clippers may be adaptable for usage on cats, monkeys, iguanas, and other creatures," that would likely preclude another filer from gaining a subsequent patent for similar usage on other animals.

That being said, filing a patent application pro se can be a challenging, frustrating, rewarding, and even fun endeavor. However, the inclusion, or omission, of a single word can make or break one's effort. If you do find a patent agent or attorney willing to provide you with "application insurance," let us know. I'm sure there are others who would like to write their own application and still have the confidence afforded by a professional.