Patent Basics

7

Should I file the patent myself?


You can file your own patent application for a simple mechanical device for under $1,000, while a patent attorney or agent might charge $3,500 to file a patent application for the same invention. If the patent is allowed, you must also pay an issue fee of $1,000 and maintenance fees at 3 ($500), 5 ($1,000) and 11 ($1,500) years after the patent is issued.

All fees above are based on current USPTO fees. Check www.uspto.gov for current pricing.

In considering if you should file your own patent you should be aware that most inventors fail at this. Simply being able to successfully get a patent does not mean you have done the job well. It is possible to file an application and create a patent that is weaker than might have been obtained by an experienced patent attorney or agent. Most people who try to write their own patents never really grasp the subtlety of patent claim language and most fail to negotiate successfully with the USPTO examiner.

If your idea is really valuable it is generally advisable to work with a patent attorney or patent agent to secure your patent rights.

Sources:
Mark Manley of the IESD at University of Central Missouri
U.S. Patent and Trade Office: www.uspto.gov

 

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