2017-11-01
When inventors set out to patent their creation, they often face the difficult decision of whether to file themselves or seek professional help. Patents are expensive and in addition to this, a patent agent’s fee seems like a lot to small businesses and individual inventors. As a result, some inventors prefer patenting their invention themselves. But, are they doing the right thing?
Like several other legal subjects, patents are complex to a lay person. While the entire process of obtaining patents is not easy, the biggest challenge comes in the initial stage. To write a patent application, you require consideration of various aspects and need to ensure compliance with the law. Failing to do so, may result in the rejection or invalidity of your patent application.
So, should you or should you not write an application yourself? Considering these factors may help you arrive at an appropriate decision.
Understanding Patent Application Requirements
Drafting a patent application is not simple. It’s not simply about writing down details and ensuring compliance with the law. When preparing an application, you need to give a thought to all of the various aspects of your invention and exercise caution when describing them. You may wish to ascertain the patentability of your invention in terms of novelty, non-obviousness, and usefulness prior to preparation of the application. For this, you should dig into various patent registries and journals, compare similar patents to your invention, and more. Furthermore, you need to draft various documents that include different claims, drawings, description of your invention, etc. All of this must be done accurately and in compliance with the law.
If you have no prior experience with this, it could be risky to draft it yourself. You should weigh the benefits and risks of preparing and filing your own application.
Benefits and Risks of Drafting an Application Yourself
Some advantages of drafting an application yourself include –
- Saving money on a patent agent’s fees
- Timing your patent application and filing when you want to, without having to rely on someone else’s schedule
While these were some benefits, writing a patent application yourself also comes with some risks like –
- Making costly mistakes or failing to adhere to regulations that result in the loss of a patent
- You will need to spend a huge amount of time understanding the patent filing system, especially if you are a first-timer
- You may miss out on important deadlines
Many inventors go for an early filing date when they decide to file for a patent themselves. Such a provisional application does not require complete details and is easier to file as compared to a complete application. However, while doing so many applicants make the mistake of either including too much or too little in these applications. Additionally, notwithstanding the fact that you start with a provisional application, you will have to eventually file a complete application within a stipulated time (12 months). And, while doing so you cannot afford a single mistake.
The decision to write the patent application yourself or hire a professional is an important one and must not be taken lightly. Maybe you can file an application yourself if you have sufficient experience with obtaining patents. But, hiring a patent agent is highly recommended as their knowledge may save you from costly mistakes and unfortunate events.
