It's quite easy to compare incorporating a business to the process of applying to get a US pending patent. Thats because both processes are necessary for most companies but can be very complex to the business owners themselves. Well, an inventor can always choose to file his/her patent. Well, here are a few things to consider if you're considering to do it on your own or hiring a lawyer for the process.
First, you need to consider whether the patent is necessary. Yes, it might seem obvious, but most inventions don't necessarily require patents. Therefore, rather than paying costly application fees to get a US pending patent, you should do some research to find out whether the patent is necessary or not. That's where an attorney comes in handy.
Someone who has been through the same process before can always get the necessary information about the patent application process. If its your first time applying for a patent, you wouldnt know where to start. However, you can always pursue it on your own if you have exceptional research skills. So, whether you choose to hire an attorney or do the research, yourself is entirely up to you.
Secondly, you need to consider the complexities of the invention as well as the technology involved. If you choose to hire an attorney for the application process, you might have to explain everything to him/her. Note that, since most lawyers have made various applications throughout the career, it might be easy to understand. On the other hand, if you find that your invention is too hard for a layman to understand, you should write down the application on your own. However, it doesnt hurt to consult an attorney to make sure you adhere to all the rules of the application.
Third, you need to consider your basic understanding of the patent application process. Most first-timers choose to hire an attorney who is experienced in applying for patents. Note that, the application process is always time-sensitive, and it would be a waste if you took up most of the time learning how the process works. On the other hand, if you understand the whole process, going at it alone is far much cost-effective than hiring an attorney for the job.
Next, you need to research whether the invention youre patenting is new or protectable. Most people forego the choice of hiring an attorney and file the patent themselves. However, most patents are always rejected because the idea is not new or protectable. Therefore, before paying anything consult with an attorney who can advise you on whether your invention needs filing or the right way to go about it to find an automatic rejection.
Finally, before the application can go through lots of research needs to be done regarding the technology in use as well as the idea itself. Therefore, if you don't have exceptional research skills, it's always a good idea to hire a patent attorney who can do the manual work for you. That way, your patent application can sail through just fine.
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