Anyone can prepare and file their patent applications. We refer to this procedure as pro se patent application filing. You can use the services of a patent lawyer, too.
Legal Knowledge
Patent law can be too technical. It may require the expertise of a patent lawyer. The application preparation includes:
- Knowing the patentability requirements
- Writing claims
- Understanding the examination process fully
A patent attorney may offer useful advice and guarantee that your application fulfills all legal criteria.
Technical Expertise
Patent applications can contain sophisticated technological subject matter. A lawyer with experience in your field of innovation may assist you in precisely describing the technical intricacies of your invention and drafting broad-based protection claims.
Prosecution Experience
It takes expertise and experience to respond to office actions and communicate with USPTO examiners. A lawyer may represent you in court, respond to the examiner’s arguments and rejections, and increase the likelihood that you will receive substantial patent protection.
Risk Management
Errors or omissions in the process of applying for a patent might have detrimental effects, limiting the extent of protection for your innovation or perhaps leading to the application being denied. Having legal representation can help reduce these risks and improve the chances of a favorable result.
Just consider that it may be advantageous to your patent application. If you decide to submit a patent application on your own, you must carefully go through the USPTO’s rules, comprehend the legal and technical criteria, and conduct extensive study on the procedure. Feel free to use the USPTO’s tools, which include their website, tutorials, and guidelines.
Types of Patents
There are three primary categories of patents accessible under US law:
- Utility Patents: The functional features of inventions, including machinery, methods, materials compositions, and improvements thereto, are safeguarded by these patents. The most prevalent kind of patents are utility patents, which normally have a 20-year duration starting from the day the application was filed.
- Design Patents: This patent type protects the ornamental or aesthetic aspects of an invention. It includes specific details on appearance. Design patents have a 15-year duration. It begins from the date of grant.
- Plant Patents: This type of patent is granted for novel and unique kinds of asexually reproduced plants. The techniques used can be grafting, budding, and cutting. Plant patents are valid for 20 years from the date of submitting the patent application.
Each patent type grants the holder the exclusive right to restrict anyone from producing, using, selling, or importing the patented invention in the United States without permission for the duration of the patent period.