Should I file my own patent application?
By admin in Copyrights and Patents on November 11th, 2009
Patent applications are one of the most complex of legal documents and always need an attorney. However, there are some stages in the process of patent application where the role of the attorney can be done away with if the individual so chooses.
Below is an outline of the various stages of patent application along with details of the role of the attorney in each.
Patentability search
This is the first stage wherein it needs to be verified whether the object/process is patentable or not. This is usually done by an attorney, but individuals can carry out the searches themselves, thus saving on some expenses. Individuals can also do away with this stage and directly apply although that is not a very favourable option, as the patent application process is relatively expensive and it would be wiser to verify before the applying.
Filing the patent application
If the verification yields positive results, the individual can go ahead and file an application with the USPTO. This would require 2-3 informal patent drawings.
Description
Once the application is readied, a detailed description has to be prepared to submit with the application. This is an extremely important and difficult task and must necessarily be handled by a registered patent attorney (a list of such attorneys is available with the USPTO).
Once this document is ready, it has to be submitted to the USPTO, preferably through Express Mail for a filing receipt.
Prosecution of application
In this stage, Official Actions are issued by the USPTO, each of which requires an amendment to the application. There may be 2-3 such Actions issued. An attorney takes care of this paperwork. Once this is done, a Notice of Allowance is issued.
Issuance of patent
Once the Notice is issued, formal drawings have to be prepared from the earlier informal ones. These have to be submitted along with an Issue fee to the USPTO. Here too, an attorney is needed to finalise documents and submit the final application
Maintenance fees
This is the amount to be paid through the validity period of the patent, which is 20 years, to maintain the patent. This may or may not necessitate the involvement of an attorney.
Except for the first stage of preliminary searches, an attorney plays an important role throughout the application process and is indispensable.