DIY Patents
DIY Patents by Chuong Tran
This article, “Do-It-Yourself Patents”, inspired me to DIY my own patent application and got patented, US 9,360,366 B1. While it's generally advisable to consult a patent attorney when applying for a patent, my personal experience demonstrates that it is possible to successfully navigate the patent application process on your own, potentially saving significant costs by acting "pro se" (representing oneself legally).
While possible by going "pro se", it is not always the best option, as professional guidance from a patent attorney can be invaluable. However, relying solely on legal expertise does not guarantee protection against potential risks when it comes to patents, since most patents held to be invalid were drafted by attorneys.
The takeaway:
Personal experience: I have filed multiple patents independently, navigating the entire process including rejections and appeals, demonstrating the feasibility of self-filing.
No special ability: Most inventors could learn to do the same with sufficient effort.
Benefit of self-filing: By actively engaging in the patent process, you can gain a deeper understanding of the invention and its legal protections.
Learning curve: You’ll need to carefully craft precise claims to avoid issues like overly broad or narrow protection.
The USPTO provides resources to help DIY this process, including:
Inventors Assistance Center (IAC): Staffed by former patent examiners, the IAC provides information and assistance to the public.
Pro Se Assistance Program: Helps independent inventors and small businesses protect their intellectual property.
Patent application forms and electronic filing tool: The USPTO provides these tools to help with the application process.