Can’t I Just Pay You to Write The Patent?
Not too long ago, I was having a conversation with a client that was strapped for cash…
But they had a impending deadline in less than a month when their provisional patent application would expire if they didn’t file a non-provisional. No issue, this is normal. The problem is they wrote their own provisional application with no real drawings, no claims, and they simply couldn’t just file it as a non-provisional as it would just be a waste of time and money. They needed help. They were asking for my help and had agreed to pay for it…However in a last ditch effort of either desparation or some form of twisted negotiation, they asked me point blank…
“Look, Can’t I just pay you to write my patent application….”
“…without all this other stuff…”
His question was harmless really, he wanted to know if he could buy the finished product without going through the process that would guarantee a higher probability of a success outcome. Our team of former examiners and patent agents are impeccable but not miracle workers. Our process is absolutely essential to ensuring our above average results and payoffs we achieve for our clients. This gentlemen was asking us to bail him out at a discount at the last minute.
My Response
Here’s what I said. I share this as it can be really helpful for so many others that may have similar questions and can benefit from such an answer.
Yes, I can certainly help you draft a patent application! However, it is important to note that the process of obtaining a patent involves much more than just drafting the application itself. There are many factors to consider when seeking patent protection, including the scope of the invention, the potential for prior art, and the requirements for patentability.
In order to draft a patent application that is complete and accurate, it is generally necessary to conduct a thorough patent search to identify any prior art that may impact the potential for patentability. This may involve searching through various databases and sources of information to identify relevant patents, published patent applications, and other technical literature.
Once the patent search is complete, it is important to carefully review the results and consider how they may impact the potential for patent protection. This may involve analyzing the scope and content of the prior art to determine whether the invention is novel and non-obvious, and whether it meets the other requirements for patentability. This part of our process is called the patentability search and assessment (PSA for short).
Based on this analysis, you can then begin drafting the patent application itself. This typically involves providing a detailed description of the invention, as well as any relevant drawings or diagrams that may be helpful in understanding the invention. The application should also include one or more claims that define the scope of the invention and the protection that is being sought.
It is generally advisable to work with a patent attorney or other experienced patent professional, like our team here at Patent Insider, when drafting a patent application, as we can provide valuable guidance and assistance throughout the process. We can help you navigate the complex legal requirements for patentability, and ensure that your application is as strong and effective as possible.
So What Happened?
In the end, he decided to move on and do it on his own. Only to later call back once he got a letter from the USPTO about numerous errors found in his submission. While its not uncommon to get an occassional letter from the USPTO regarding something that needs to be resubmitted or some minor corrections that need to be made, these errors were glaring and sent with a message that he get assistance from the Pro Se Assistance Hotline at the USPTO or hire professional representation.
To this day, I’m not sure whether he hired a firm or not. Last I checked, his application was still pending.
The Payoffs of Hiring a Patent Professional
Obtaining a patent can be a complex and challenging process, and it’s not something that should be undertaken lightly. If you’re considering seeking patent protection for an invention or innovation, it’s important to understand the potential pitfalls of not hiring a professional to help you through the process.
One of the biggest pitfalls of not hiring a professional for patents is the risk of making mistakes. Patent law is a specialized field, and it’s easy to overlook important details or requirements if you don’t have the necessary expertise. This can lead to errors or omissions in your patent application, which can significantly impact your chances of success.
Another pitfall of not hiring a professional for patents is the potential for wasted time and resources. The patent process can be long and involved, and it requires a lot of careful planning and attention to detail. If you’re not familiar with the process or don’t have the necessary skills and knowledge, you may struggle to navigate it effectively. This can lead to delays and setbacks, which can be costly and frustrating.
Finally, not hiring a professional for patents can also leave you vulnerable to legal challenges or disputes. If your patent application is not properly drafted or supported, it may be more vulnerable to attack or litigation. This can be costly and time-consuming, and it can also damage your reputation or business.
In the end, it’s generally a good idea to hire a professional when seeking patent protection. They have the necessary expertise and experience to help you navigate the complex legal requirements and ensure that your application is as strong and effective as possible.
If you’re considering seeking patent protection for your invention or innovation, don’t take any chances. Contact the experienced professionals at Patent Insider today and let us help you navigate the patent process and protect your intellectual property.