Do I have to use an attorney
The U.S. Patent and Trademark Office permits inventors to file and prosecute their own patent applications, but it offers the following insight and recommendation:
The patent application process is complex. The U.S. Patent and Trademark Office cannot assist in the preparation of patent application papers. If you are ready to apply for a patent, we strongly advise you contact a registered patent attorney or agent.
Many people would be better served to build their own homes than to write their own patent applications. In a new home, many defects are quickly identified and cured, but this may not be possible for a patent application, which may not be examined substantively for at least about a year. If a patent application is found lacking, it may be too late to cure because no "new matter" can be added without filing a new application, which may present complications.
A patent application should be as complete as possible when filed. The patent examiner will require a detailed written description, see 35 U.S.C. §112, but she will not allow any new matter to be added. 35 U.S.C. §132. During examination (or “prosecution”), it is common for an examiner to reject claims based on prior art and other reasons, and objections may be lodged against the specification, drawings and other parts of the application. The applicant or his or her attorney must respond to the office action in a timely manner in order to avoid abandonment.
Many inventors and companies are brought to their knees in the Patent Office or in "bet the company" litigation when they find their patent applications are inadequate or their patents, even after being granted, are invalid or too narrow. They often wish they had spent a few thousand dollars more on the patent process.
In sum, Beem Patent Law Firm recommends that inventors contact the Firm before filing a patent application.
Some of the information provided herein was obtained from the United States Patent and Trademark website, www.uspto.gov. For further information, see the Patent Office inventor resources at http://www.uspto.gov/web/offices/com/iip/index.htm.
