It is a popular misconception that the process of drafting a patent application is straightforward and can be undertaken by an inventor to save on the costs of engaging a patent attorney. It is easy to see why some inventors may make this decision to self-file, since engaging a patent attorney may be perceived as an expensive undertaking for what may at the time be an unknown and unproven invention.
However, to put it simply, the value that a patent attorney adds is knowledge of the law. A patent document is a legal document that has to fulfil or satisfy legal requirements in order to provide meaningful protection and in order for any patent to claim priority to the document.
A patent attorney adds knowledge of the mistakes that have in the past destroyed the rights of prospective applicants as well as knowledge of the requirements for preparing robust applications tailored to provide the broadest scope of protection possible.
Common shortcomings we as patent attorneys identify with self-filed applications are:
If the cost of engaging a patent attorney is too great, then perhaps it may be better for the investor to sit on their idea until the cost is affordable. Realistically, it is likely that the cost of filing a patent application will be quite minor in comparison with the amount of money required to create, market and distribute the invention.
Many inventors ultimately intend to sell or licence rights in and to their invention. It can be taken as a given that any potential licensee or purchaser will undertake a due diligence analysis of the inventor’s patent application or patent, and, if it is found wanting, the potential licensee or purchaser will not pay the desired amount or, in the worst-case scenario, decide they do not need to purchase rights in and to the invention to exploit the invention.
The take-home message – if you are serious about obtaining patent rights for your invention, engage a patent attorney. Otherwise, your application may be worthless. Indeed, it may be worse than worthless, if it provides you with a false sense of security that your invention is protected.
The team at Kings Patent and Trade Mark Attorneys have decades of experience handling all types of patent applications from all types of industries. Contact Us today and we can help you in any way we can.
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