Has anyone here written their own patents? I have worked quite a bit with patent attorneys, and the actual drafting/writing and filing portions of the patent process don't seem so difficult. Obviously I can't prosecute myself, but I am curious of I could write patents for my own ideas outside work instead of paying an attorney. Or even better, drafting patents on design work I do for others.
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Attorneys don't so much write them as they know the nuances and the pitfalls that a wait if done improperly. Is it a matter of just saving money?Originally posted by Ruffdaddy View PostHas anyone here written their own patents? I have worked quite a bit with patent attorneys, and the actual drafting/writing and filing portions of the patent process don't seem so difficult. Obviously I can't prosecute myself, but I am curious of I could write patents for my own ideas outside work instead of paying an attorney. Or even better, drafting patents on design work I do for others.
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I have heard of a "poor man's patent" but I don't know how useful it is in the courts. Basically you write up all your design and put it in a self-addressed stamped envelop and mail it to yourself certified, then never open it. It would have a stamp and a seal proving when you "filed" the patent if you ever have to bring it to court. Only allow your attorney or judge open it.
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While not an attorney I used to do patent illustration, and I do follow some of the patent law cases.Originally posted by Ruffdaddy View PostHas anyone here written their own patents? I have worked quite a bit with patent attorneys, and the actual drafting/writing and filing portions of the patent process don't seem so difficult. Obviously I can't prosecute myself, but I am curious of I could write patents for my own ideas outside work instead of paying an attorney. Or even better, drafting patents on design work I do for others.
As Frank said you can do the poor man mans patent to protect yourself while doing the patent. But the way the US law is written the first person to submit and get the approval is the one the courts will generally rule with. Patent law is also a lot about having the specifics and be able to outlast the other person, so I hope you never have to encounter that.
Dong a patent yourself is not really advisable now days. Due to the specifics required in writing the patent, even the art work has a specific set of standards. Whats worse if you mess it up there is a good chance a patent troll could get a hold of it and complete it for themselves before you finish your resubmital.
You also want to make sure the patent is done correctly because of the voracity of the Chinese companies that commit IP fraud which often starts with them monitoring the submission process for the patents.
As for doing artwork for the patents as side gig, most of the lawyers are moving to in house production as many of them were engineers before becoming lawyers or the lawyers use the one of the dozens of patent illustration firms
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Yes, I don't care to spend a few grand per patent if I can write it myself.Originally posted by Sean88gt View PostAttorneys don't so much write them as they know the nuances and the pitfalls that a wait if done improperly. Is it a matter of just saving money?
Lulz what? There are some pretty bad patents out there and i wouldn't say there's anything the brag about with respect to filing a patent.Originally posted by Denny View PostSolid engineering barg?
Now I've seen it all!
I've heard of this, but all that would do is keep you from getting sued if someone else decides to patent. There's all kinds of prior art laws now so I think that's not necessary. What I need with patent protection is the ability to prevent anyone else from profitif off of a design.Originally posted by Frank View PostI have heard of a "poor man's patent" but I don't know how useful it is in the courts. Basically you write up all your design and put it in a self-addressed stamped envelop and mail it to yourself certified, then never open it. It would have a stamp and a seal proving when you "filed" the patent if you ever have to bring it to court. Only allow your attorney or judge open it.
Thanks! Responding now.Originally posted by fitzwell View PostPm sent..
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Absolutely, that's why I indicated the writing/drafting and filing portions. it's also an expensive part that doesn't require a law degree. Obviously for any enforcement or licensing it would have to be handled by a lawyer. I could handle the interviews and such myself as well.Originally posted by Sean88gt View PostWriting is a part of the process, but only a part.
However...if it's that hard to self write a successful patent then it would stay with a lawyer.
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