Patents

Inventors may prepare their own patent applications and prosecute the application on their own. However, the majority of patent applications filed by prose applicants go abandoned and the majority of the patents obtained by prose applicants fail to adequately protect the particular inventions being covered. Therefore, it is in your best interest to hire a patent attorney to ensure your patent application is prepared and prosecuted correctly.

A patent may be applied for only in the name(s) of the actual inventor(s).

A search of all previous publications and U.S. and foreign published patent applications and issued patents should be conducted to determine if your invention has ever previously been publicly disclosed. A prior publication or patent could prevent you from obtaining a patent or pose an infringement issue. A good patent search will determine if a patent is obtainable and will be broad enough to be enforceable, thereby allowing you to make an educated decision regarding investing your time and money into the invention.

No. However, it is important that you do not tell anyone else about your invention prior to applying for a patent without then first signing an NDA. A public disclosure of your invention prior to filing a patent application can invalidate a later issued patent in many instances.

There are several options available to inventors including filing directly in foreign countries within one year of filing your U.S. patent application or deferring the one year deadline by filing a patent application under the Patent Cooperation Treaty (PCT). Deadlines and filing requirements vary from country to country, so it is important to understand your foreign patent rights as early as possible so you can plan and budget for foreign filings.

The practice of sending a copy of your invention to yourself is sometimes called a “poor man’s patent.” There is no provision in the patent law regarding any such type of protection, and it is not a substitute for applying for a patent.

You should immediately contact a patent attorney. Most states have individual laws setting forth strict requirements regarding patent cease and desist letters. Failure to meet those requirements prior to contacting an infringer could expose you to financial liability.