While the law allows inventors to submit a patent application without legal representation, applying for and prosecuting a patent application without the help of an experienced patent attorney or patent agent carries more risk than reward.

In deciding whether to apply for patent protection without legal representation, careful consideration should be given to the complexity of the invention, the ability to invest time in understanding the process, and the potential risks involved.

Benefits of Trying to Obtain a Patent Without a Lawyer 

Save Money 

Legal fees for the patent process can be high. Applying for patent protection without the help of a patent attorney or patent agent may result in cost savings, assuming that there is no need to hire a patent attorney later in the process to fix mistakes. 

Three Risks of Trying to Obtain a Patent Without a Lawyer 

1. Errors could result in a limited scope of protection or no protection 

The patent application process is complex and requires a deep understanding of patent law, which can be difficult to navigate without legal training. Without an attorney, there’s a higher risk of omitting necessary details or not drafting the claims correctly. Mistakes during the application process can lead to delays, additional costs, or even outright rejection of your patent. 

If there is a desire to obtain patent protection in multiple countries, navigating the different legal requirements can be very challenging without a lawyer.

2. Limited Strategic Advice 

Claims need to be carefully worded to ensure adequate protection. Crafting claims that are broad enough to protect your invention but specific enough to be granted by the patent office requires expertise. An attorney can provide strategic advice on how to best protect your invention. They can conduct prior art searches, advise on patentability, advise on the type of patent application to file, and help draft claims that provide broad protection. Without this guidance, the scope of any resulting rights may be narrower than they could be.

3. Difficulty in Responding to Office Actions 

If the patent office issues a rejection, an attorney can assist in crafting a response. Without an attorney, understanding and fully addressing the examiner’s concerns may be challenging.

Invest in the Protection of Your Business’ Valuable Assets 

The patent process is a complex process. An incorrect submission or an improperly drafted application can potentially result in a lost opportunity to secure protection for your invention. Working with an experienced team of New York City patent lawyers who can guide you through the process of protecting your inventions in the United States and in foreign jurisdictions is the first step toward success.