Technically you can file a patent on your own but this is not recommended unless you have experience in doing so or are a patent lawyer yourself. Even The United States Patent and Trademark Office strongly recommends that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications. Furthermore, patent law is a very focused area of the legal system. For this reason, you should avoid hiring a general practice lawyer to file a patent.
Applying For A Patent
Unlike a copyright, a patent does not get created automatically. An inventor must apply for a patent, specifically within one year of publicly disclosing the invention. In certain cases, a patent attorney generally commissions a preliminary patent search on behalf of the inventor. This is done before applying for the actual patent to determine if it is feasible to proceed with the application and to identify any prior art that the application needs to account for.
To get an actual patent, technical information about the invention must be disclosed to the public in a patent application. This again is best done with or through a patent attorney, who will know all the requirements specific to the type of patent you are applying for.
Once all the materials are prepared, they are submitted with the application and an application fee to the U.S. Patent and Trademark Office. Once there, it is reviewed by a patent examiner.
Once the application is assigned to a particular examiner, all communications must be properly directed to that examiner.
If a patent is granted, the inventor must pay another fee, and the government publishes a description of the invention and its use. Utility and plant patents last for 20 years from the application date. Design patents last for fifteen years. If the owner of a utility patent does not pay maintenance fees, the patent will expire earlier.
Experienced Patent Attorneys
Patent Law is Complicated. The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
Contact Us Today
Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time when you can speak to an experienced patent attorney.
Thinking about a patent? Have questions? Request a personal consultation by calling us or use our online request form. Virtual consultations available.