Thinking of writing your own patent application? Here are three (3) things that can get you in big trouble if you decide to write your own patent application.
1. Inadvertent admissions. You might think you’re only being honest when you make statements in your patent application, such as saying that”my invention is simple” or “my invention is a combination of known parts.” But the Examiner at the Patent Office, or a lawyer or judge if your patent is ever challenged in court, could construe these as admissions by the inventor himself (or herself) that there really is no invention and that you are not entitled to a patent.
Another example of an admission you may make when writing your own patent application is saying that “the prior art teaches [fill in the blank].” Now the Examiner does not even have to find a reference that shows this – the Examiner can reject your application based solely on your own admission.
Another example of an admission you may make when writing your own patent application is saying that “my invention is different than the prior art because of [fill in the blank].” Now the Examiner can focus only on this one aspect of your invention and say that you admitted everything else about your invention was already known.
2. Missed deadlines. How tough can it be to file a response by the due date? You’d be surprised. Everything after you file your patent application is deadline driven. Miss one of these by a day, or even a few hours, and you could lose all rights in your patent application.
Here’s an example of a deadline the typical inventor working by his or herself may not be aware of. You must file a regular patent application within one year of the filing date of your provisional patent application if you want to claim priority to your provisional patent application. For example, if you file your provisional patent application on April 5, you must file your regular patent application on or before April 5 the following year. If you file on April 6, your provisional patent application has already gone abandoned and you cannot claim priority to your provisional patent application. You may have lost all rights to your invention.
And filing on April 5 does not mean midnight on April 5 (unless you live in the Eastern time zone). If you live in California, for example, then you must file by 9pm on April 5 (that is, by midnight at the US Patent Office).
3. Including unnecessary limitations in your claims. You want the claims for your invention to be as broad as possible. But if you’re not experienced writing claims, you may inadvertently claim your invention too narrowly.
For purposes of illustration, say your invention is for a chair. [Yes, I know the chair is not an invention . . . at least not today . . . but everyone reading this article knows what a chair is]. You claim your invention as including “four legs, arm rests, and a seat back.” Seems simple enough, and it describes all of your invention. But your competitor simply makes a three-legged chair . . . or a chair without armrests . . . or a stool without a seat back. All of a sudden your patent is worthless, except against anyone who wants to make a chair including “four legs, arm rests, and a seat back.” See how easy it was to screw that up?!
These are just some of the reasons you should not write your own patent application. Leave writing a patent application to an experienced patent attorney, and sleep easy at night.
