Why You Need a Lawyer to Process a Patent
The process of patenting an invention with the U.S. Patent and Trademark Office (USPTO) involves writing an initial application, ascertaining the number of independent and dependent claims a prospective patent will have, determining any additional fees required, and, if necessary, appealing the patent application to the USPTO if it is rejected. The technical prowess needed to write an application that will be accepted by the USPTO, as well as the time-consuming nature and requisite follow-up, is a process that is best left to a patent agent or patent attorney.
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Determination of USPTO Services and Fees
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A patent attorney is best able to determine which aspects of the invention (known as independent and dependent "claims") are patentable. The fees required by USPTO are largely determined by the number of independent claims included in a patent application. Additionally, a patent attorney is able to advise clients if additional fees will be needed for inclusion of a trademark or logo on the invention, as well as a patentable color used in the invention.
Complexity of Initial Application
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While a person may have the innate skill to create a highly complex invention, they may be unable to describe it in the legal language that the USPTO requires. Patent agents and patent attorneys, with their specialized background in a specific area or field, have the unique ability to draft patent applications according to USPTO specifications.
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Determining Independent Claims
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Because many new inventions are inspired by existing technology, such as computer hardware and medical devices, patent agents and patent attorneys are able to ascertain which independent claims an inventor can make to prove the novelty and usefulness of their invention. Additionally, those with expertise in preparing patent applications are able to use the three independent claims permitted in an initial patent application in the broadest scope possible to avoid fees to the inventor for the inclusion of more independent claims.
Appealing a Rejected Application
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Numerous patent applications are rejected because their claims are similar, or sometimes the same, as those used in prior art (inventions that are already patented that use a similar technology, method or process). A patent attorney can best represent the inventor should the inventor wish to appeal the application to the USPTO.
Patent Maintenance
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The USPTO requires additional fees and documentation to be submitted for an existing patent at the 3.5-year, 7.5-year and 11.5-year mark of a patent's 20-year life. A patent attorney is better able to ensure that these are submitted in a timely basis so an inventor does not lose a patent.
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