If you are considering sealing an idea of yours, you should apply for a patent. This is so that any profit from your invention only goes to you. Applying for a patent requires writing an application. You may be wondering who is eligible to fill out a patent application.
Some think only lawyers can write a patent application. While this is not true, when applying for a patent, it’s advisable to hire a lawyer to help you through the process. While the location might not matter, you may find it more comfortable if you hire an attorney within your location.
For example, if you are in Orlando, consider browsing a list of Orlando patent attorneys. While you may already have a lawyer ready, the question of who can write a patent application remains. Keep reading to find out.
Who Can Write A Patent Application? The Answer
After inventing something, it is important to patent the idea. The patenting process first requires writing an application. Contrary to what you might think, patent attorneys aren’t the only ones who can write a patent application. Here’s what you need to know.
1. A Patent Attorney
Patent attorneys are the go-to people inventors ask for help with patent applications. Since it is their specialty, it only seems right that people ask this type of attorney for help.
Applying for a patent might be easier with an attorney because they have an expert understanding of how patenting works. An experienced patent attorney knows how to write an application and include all necessary items for approval. They can anticipate rejection and know how to use the law to get your application approved.
Writing a patent application can be difficult, and patent attorneys know how to address those technicalities to protect your idea. Many inventors use patent attorneys to prepare and prosecute the documentation without loopholes.
Beyond writing the patent application, a patent attorney will help to:
- Confirm whether the invention is patentable; that is, check whether the idea is new, useful, and non-obvious.
- Create, file, and document all needed documentation for the application. This includes drawings, claims, and descriptions, among other things.
- Carry out a patent search throughout the United States and other countries to prevent infringement.
- File provisional or regular patent applications.
- Pay applicable application fees.
- Deal with USPTO examiners throughout the application process.
The patent attorney will not only write the application but also go through the patent application process with you. This, of course, comes at a price. Patent attorney fees are one of the main reasons people don’t hire them for the patent application process.
The exact fee amount will depend on the patent type and the technical issues. If your patent is so complicated that it instigates concerns from USPTO examiners during the application, you are more likely to pay higher fees than normal. This said it’s best to ask a patent attorney for help writing the application because of their experience in the area.
2. A Patent Agent
Another person who can write a patent application is a patent agent. This is someone who is a non-attorney but is certified to prepare and prosecute patent applications. Before someone can be a patent agent, they must have gone through the certification process with the USPTO.
This is so that the agent can communicate with the inventor in technical terms of the invention while they represent them. A patent agent’s service fee is usually lower than a patent attorney’s. While a patent agent is competent enough to write a patent application, they have some limitations.
For instance, a patent agent cannot represent you in litigation or act in situations requiring law practice. They can respond to letters from USPTO examiners and revise the application; however, they cannot advise an inventor about the legal consequences of invention ownership.
In that case, you would need to hire patent attorneys for help, which will cost an extra fee. This is why some inventors would rather ask a lawyer to write a patent application.
3. Inventors
Inventors can also write their own patent applications. Individual inventors, students, or startups, may find it hard to afford an attorney’s or agent’s fees. This means the inventors have to go through the lengthy patent application process themselves. That is, you would conduct all research on your own before filing to confirm whether your invention is truly unique.
In addition, you may spend a long time filing your patent application without help from a professional. You will also need to know about the requirements and deadlines of the application process while staying updated. Then, you need to have excellent writing skills to write the perfect patent application.
While tedious, it also means you can save a lot of money on legal fees and use it for your inventions instead. While you may be skilled with words, you must be careful when writing your patent application.
Your application needs to meet some criteria to determine its completeness. It must be clear and void of ambiguity and grammar and spelling errors. In addition, it must contain the right amount of details, and the claims must be precise and supported.
You must also use appropriate terms and illustrations to make your invention convincing. You should pay attention to the structure of your application and ensure it contains the following:
- Title
- Background
- Priority claim
- Brief drawing descriptions
- Detailed descriptions
- Summary
- Abstract and drawing
- Claims
Conclusion
Applying for a patent can be a rigorous process. Patent applications can be written by attorneys, agents, or inventors themselves. While you can save money by writing your own application, it may not be the best option.
Writing it yourself can be stressful, and in the end, you may end up hiring a lawyer or an agent during the filing and processing. An agent is a good option for lower fees, but experienced patent attorneys may be a better choice since they are licensed to help you in situations requiring law practice.
