Can I File Myself or Do I Need a Patent Attorney?


One of the most asked questions: “Can I file a patent application myself.”  Practically, NO!  You wouldn’t jump out of an airplane without a parachute and you shouldn’t file a patent application without the help of an experienced patent attorney.  A patent attorney can navigate the complicated waters associated with drafting, filing, and prosecuting a patent application before the United States Patent and Trademark Office (USPTO). 

I have spoken with numerous inventors that have forgone hiring an experienced patent attorney to their financial detriment.  Every one of said inventors has made fatal errors during the patents’ prosecution that has prevented the enforcement of their resulting patents.  These individuals have lost millions in lost licensing deals and infringement suits.  Despite the fact that many inventors are intelligent engineers by degree, drafting patent claims is learned skill best left to an experienced patent attorney.  In one memorable case, the inclusion of just one word found in each of the independent claims destroyed the enforceability of each of the claims.  In other cases, the scope of the patent was narrowed in scope due to file wrapper estoppel.  If an inventor doesn’t immediately understand file wrapper estoppel, they certainly need a patent attorney to draft, file, and prosecute their patent.  Moreover, inventors make costly filing errors that ultimately render their patents invalid. 

Failing to hire an experienced patent attorney can have large implications on the underlying success of securing investors.  I have talked with many investors that will automatically pass on products with large potential due to an inventor drafted patent applications.  Investors want to be sure that their investment is protected.  Therefore, if you plan to seek the funds of an investor, you would be wise to hire a patent attorney.   

An experienced patent attorney is necessary to help inventors seek valuable patent protection from the USPTO.  It is the rare case that members of the public can successfully obtain valuable patent rights without the helping hand of a Registered Patent Attorney.  Speak to Registered Patent Attorney Matthew Sean Tucker, who is experienced in the areas of intellectual property.

By | 2014-04-17T18:14:20+00:00 August 23rd, 2013|Patents|Comments Off on Can I File Myself or Do I Need a Patent Attorney?

About the Author:

Matthew Sean Tucker is an Attorney practicing with a particular focus on patents, trademarks and personal injury, including car accidents, slip & falls, and dog bites, and other acts of negligence. Matthew holds a B.S. in Electrical Engineering from the University of Central Florida. Furthermore, Matthew received his J.D. at the University Of Baltimore School Of Law with a dual concentration in intellectual property law and business law. He is also a member of the Florida Bar, and an inventor of several patent pending inventions.