Patent

Thomas,

A patent application is one of the most complex legal documents in existence. It affects the patentee's rights for years to come, and if it is not properly written and prosecuted, then it will be faulty and full of holes. The investment in a patent attorney or agent is like the investment you would make in the architect for that building mentioned by another responder. If you want the building to be built to code, you hire a reputable architect and builder; if you want a patent that issues from your application to be built to maximize your intellectual property rights, you hire a patent attorney or agent.

Can you write a patent application yourself? Probably; the words are easy enough to come by. But you would also probably fall into the sinkholes that lurk under the surface. By the time the examiner takes a look, it may be too late for the patent attorney or agent to whom you would then almost surely turn to handle the rejections flying out left and right to rescue much; you could be left with a patent application in ruins.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

The process may appear simple to some, but it requires precise compliance with frequently modified rules. The US Patent and Trademark Office offers some outstanding information on the process, as well as a directory to help you identify patent licensed attorneys. (www.uspto.gov) As a practica measure, first look to see if anyone has already come up with the core of your idea. Do not take the fact that you have not seen it in the marketplace to mean someone has not thought of it before. Both the USPTO website and Google's patent site can help you do a cursory search. Even if you do not find anything close, before you spend money to prepare an application I suggest you hire a professional searcher, who may be a patent attorney or patent agent. Best of luck.

Thomas if your idea is very simple, you can always try www.legalzoom.com . If you idea is complicated and has new inventions within new inventions, etc... you may want to hire an experience patient lawyer.

I hope this helps.

The analogy I use when people ask me this question is "do you need an architect to build a building?" The short answer is "No." Of course, if you have a valuable building site and a complex building, you will usually create greater value by paying for an architect to assist you in the building process. Likewise, if you have a valuable idea, you will usually create greater value by paying for an experienced patent attorney with relevant knowledge to assist you in the patent process. Often the most apparent value is created simply by the attorney helping you avoid the common mistakes pro se applicants make.