The Risks of Filing a Patent Pro Se
Inventors often tell me that they filed “Pro Se,” meaning they filed their patent on their own instead of using a registered patent attorney. While this might save money up front, it will most likely cost you in the long run.
From a legal standpoint, filing on your own is allowed. But that shouldn’t be the only aspect you’re concerned with. The better question is, “Should you?” The answer is: it’s not a good idea. Why? Because the quality of your patent protects you from infringement. A patent is a legally binding document, and you want it to hold weight.
Would you do a major car repair on your own? Install a new roof on your own? Install your own pacemaker? Most likely not, unless you were a professional in these industries. A patent is similar. By the time you realize you did something wrong, it will be too late to fix it.
Writing a patent is an art, and people go to school for years to master this skill. You can’t learn it in a Saturday morning class or by reading a book. Using a template to fill in the blanks is just as bad because those one-size-fits-all patent applications don’t carry much weight in court.
A patent is supposed to grant you ownership of intellectual property (your unique idea) for a period of time, and it has to withstand the scrutiny of a challenge in court. While an inventor tends to write what they see, an attorney knows to cast a wider net. The artistry of a quality filing makes it as broad as possible, covering as much territory as possible.
Experienced inventors with years in the field might develop the ability to write a reasonable patent application, but most inventors risk everything by filing on their own. It requires a specific skill set to not only pen a high-quality patent application but also to complete the “tug-of-war” with the patent office to get it issued.
You don’t need a patent to take a product to market. You need the patent to negotiate if you want to license your product or protect it from infringement. If you don’t plan to use a registered patent attorney, ask yourself, “Why file at all?”
Want more advice on how to successfully get your product to market? Follow Invent-America on social media, and we will keep you informed about common issues inventors face. Check out the other resources we recommend:
- Invent America Radio: Invent America radio is always looking for inventors to be on the show. It’s free for the American Inventor to join us. Just fill out the form on the website: Invent-America.
- Service Providers: Inventors need multiple service providers to get a product to market. One bad service provider can make the difference between success and failure. If you need access to high-quality, vetted service providers, let us know. We have many in all categories.
- Inventors’ Roundtable: Join us at the monthly Inventors Roundtable meetings. There are two virtual meetings a month where inventors can meet and visit with other inventors from around the country. The meetings are free, and inventors learn a lot from talking to other inventors. Visit Inventors Roundtable for more information.
