Does anyone out there have insight in the area of filing a utility patent with the USPO? Their website is full of info, but typical of our precious gov't, it will take alot of time and perseverance for the average me to unscramble it into something usable. Is a lawyer absolutely necessary or even a good idea? Would it be more expensive than I imagine? Are there people or organizations who help other people with this sort of thing? Any ideas or suggestions would be very much appreciated. I am going to try to post this on the Legal Issues thread as well, just in case.

-- Mary (mobc@neteze.com), March 19, 2002

Answers

check the links out here: http://www.inc.com/app/search/searchResults.jsp? page=1&words=patent&config=general

We're looking to patent something and the little research I've done seems like it's not an easy or quick process but maybe someone else here knows more and could help us out.

-- zeb (wrangler@jridgeranch.com), March 19, 2002.

Go to www.nolopress.com They have lots of good free info on all sorts of subjects (including patents), and a book out called Patent it Yourself, I think. They deal in all sorts of self-help law products, forms, etc. Good luck.

-- GT (nospam@nospam.com), March 19, 2002.

Getting a patent entails research, research and then more research and filing. There is no "easy way". You just have to follow the steps. I used books at the library to research patents that we were filing to keep the necessity of legal counsel minimal

-- Jay Blair in N. AL (jayblair678@yahoo.com), March 19, 2002.

FYI, You have to have a patent attny to represent you. I have looked into this also and discovered that John Q. Public cannot file for a patent without an attny. There is at least one provisional patent you can apply for that will protect your idea for about 6 months or so.

-- Mike (uyk7@hotmail.com), March 20, 2002.

I'm no authority, but I think even with a patent you would have to defend your patent yourself by hiring attys and filing lawsuits and frequently the knock-off makers are overseas. Good luck.

-- kg (grable@penn.com), March 20, 2002.

Um, Mike, that's bad scoop. See 37 C.F.R. 1.31: An applicant for patent may file and prosecute his or her own case, or he or she may be represented by a registered attorney, registered agent, or other individual authorized to practice before the Patent and Trademark Office in patent cases.

Also 1.41 Applicant for patent. (a) A patent is applied for in the name or names of the actual inventor or inventors.

So the "applicant" referred to in the first citation is the inventor. In other words, you CAN apply for and prosecute your own patent.

-- Laura Jensen (lauraj@seedlaw.com), March 20, 2002.