How to File a Patent Yourself
- 1). First, think again. Why do you want to file a patent application without the help of a patent attorney or patent agent? To save money? Yes, retaining legal services is expensive -- anywhere between $5,000 and $10,000. But if you cannot afford a patent attorney or agent, then how will you be able to produce your invention and market your patent to the public? The cost of patenting is minuscule compared to these expenses.
- 2). Invest in the Manual of Patent Examining Procedure (MPEP). It costs $100 and can be ordered from the PTO (see Resource link). This is the manual used by patent attorneys and patent agents, and it should be your primary source of authority over any an all "Patent it Yourself" type consumer books.
- 3). Conduct a patent infringement search. New inventors who are in a rush for a new patent fatally omit this step, spend a lot of money on PTO fees and then get rejected because turns out their invention wasn't so new after all -- it's "prior art." A novelty search can cost around $300 or less, while a comprehensive patent infringement search can cost $2500. Not only does conducting a patent search help save you money in the long run, it protects you against a possible infringement suit, should you file a patent application for an invention that's already patented. Other inventors will definitely take issue with that.
- 4). Learn the difference between "independent claims" and "dependent claims," which are a part of new patent applications "specification" portion. If you file a patent for a utility, the most common one granted by the PTO, your application gives you three independent claims; if you use more, there are additional fees. Your independent claims broadly assert what your invention does and how it functions. Be very careful here; if you use claims that are contained in prior art, your application will be rejected with dispatch.
Your new patent, should you get one, will thoroughly describe every step required to make and use your invention so that anyone reading it is completely clear on the subject. Because the language you you use must not only be scientific but also legally prescribed, there's a good chance that the PTO will fail to acknowledge your interpretation and ... your patent will be rejected. - 5). Make sure to have pictures and drawings of your invention to accompany your new patent application, as illustrated above. These are required as part of your patent application's specification portion.
- 6). Remember the inventor's oath -- the second component of your new patent application. This is where you believe that yourself to be the very first inventor of your particular invention. But be careful here, too. If you haven't conducted an infringement search, you cannot accurately know if you are indeed the first inventor, because you have not done your due diligence.
- 7). File your patent application with the PTO. Expect a rejection that requires extensive revisions to your application. Around 95 percent of all applications are rejected by the PTO because they lack specificity or make claims based on prior art. And these are new patent applications filed by PTO-registered attorneys and agents. If you must make changes and resubmit, there are additional fees for that, too. Any time the PTO sends your patent application back for revision, you'll incur another charge. DIY patenting has its downsides, as you can see.
- 8). If you do choose to patent it yourself, read up on patenting first. There's even a book called "Patent It Yourself," which some have found helpful, although the MPEP is your better bet.
Remember, you're trying to acquire a skill that takes patent attorneys seven years or more to acquire. There's no such thing as a free lunch, and there's no such thing as a free patent either. Before you file a patent application yourself, make sure that you are thoroughly knowledgeable about the entire patenting process.
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