- #71
berned_you
Gold Member
- 98
- 20
pa5tabear said:What's the best way to research current/pending patents?
Is it realistic to file a patent without an attorney's help? Can loop holes easily by found/exploited?
"Google patents" is a nice tool for searching US patents and patent application publications. Public "PAIR" found at www.uspto.gov will allow you to view publicly available prosecution histories and maintenance fee payment statuses.
Filing a patent application "pro se" without an attorney is similar to representing yourself in court without an attorney. It's likely not going to end well. The USPTO rules for patent prosecution are found in the MPEP, which is available online. Take a quick look at this monster of a book and you'll understand quickly how complicated it is. In addition, a patent attorney is familiar with recent and old case law that will greatly affect the way your patent is examined by the USPTO and a judge/jury during litigation. Preparing a patent application is an art and not a fill in the blanks activity. Every word I put in a patent application is considered and chosen for a specific reason - EVERY SINGLE WORD (even "a" versus "the" are chosen carefully and any patent attys reading this will quickly understand what I'm talking about). Even if you do manage to obtain a patent on your own, will it be valuable and/or enforceable? Obtaining a patent is not the whole objective. You need to get a patent that is effective in 1) protecting what you plan to manufacture; 2) prevent others from effective design arounds; and 3) encompassing any known competitive products if possible. Think of it this way, it if was straightforward to do yourself, why would companies and solo inventors pay $8-50K+ for a patent attorney to do it (and that's just the cost for filing a patent application, not the prosecution)?