Do it yourself patents can be a great alternative for those who cannot afford to dish out thousands of dollars for a patent lawyer. Filing your own patents can be done but there are some challenges. While not impossible, the biggest drawback on doing it yourself is that you don’t have the luxury of professional advice.
The advantages to filing your own patents are hard to overlook. As previously mentioned it certainly can save you money. Also, by doing it yourself you can learn several valuable skills, particularly research. The central step in preparing to file a patent is to make sure that your invention is actually patentable, meaning it both qualifies to be patented and has not been previously patented. You will also need to describe all aspects of your invention in order to file your own patent. Some steps in the process are easy; others are more difficult. As with all new endeavors, you will most likely succeed by trial and error. However, by taking it one step at a time and studying the process as much as possible, you can reduce or possibly even eliminate the errors before they occur.
The following are the basic steps on filing your own patent:
1. Keep a careful record of your invention. It is important to keep a record of the invention process in a notebook or similar format. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. You will need to show that your invention is new (not previously patented), non-obvious and useful.
3. Assess the commercial potential of your invention. Before you spend the time and money to file a patent application, you need to research the market you hope to enter to make sure it will be profitable to file the patent in the long run.
4. Do a thorough patent search. To make sure your invention is new, you need to search all the earlier developments in your field. This involves searching U.S. and international patents, as well as other publications like scientific and technical journals, to find related inventions.
5. Prepare and file an application with the USPTO (United States Patent and Trademark Office). This step allows you to have a choice when filing with the USPTO: you can file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention. Filing a PPA allows you to claim patent pending status for the invention but involves only a small fraction of the work and cost of a regular patent application. All that is required to file a PPA is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing.
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