Why Patent Attorney is Required?

Patent attorney

To prosecute a patent application, most patent attorneys charge a minimum fee ranging from $5,000 to $10,000. While you may have heard the term "prosecute" in other contexts, it simply refers to the process of guiding a patent application through the United States Patent and Trademark Office (USPTO). Of course, these are only the minimum costs, which can vary depending on the nature of the invention, the possibility of challenges, and other factors that influence the time required to prosecute a patent. Legal representation can be prohibitively expensive for many new inventors, students, and individuals who do not have corporate or institutional funding.

Fortunately, there is no requirement that you use a patent attorney during the application process. You can file an application on your own if you have the time to devote to the process and the willingness to learn the USPTO requirements. This is referred to as a "pro se" applicant. Non-attorney professionals, such as certified patent agents, can also help with the application process but cannot provide legal advice or representation.

Consider the following when deciding whether or not to hire a patent attorney:

• Whether you will have the time to do your own research and complete the application process.
• Your invention's complexity. The more complex and advanced your invention and its technology, the more likely you will require the services of an attorney.
• What are the chances that others will challenge your patent? If it is similar to other inventions or in a competitive field, you may require the assistance of an attorney to draught a patent that will withstand legal challenges.

What are the Chances of Getting a Patent without an Attorney?

Individuals owned only 4.22% of patents granted in 2019, according to the USPTO. Furthermore, officials granted over 93% of patents to US and foreign corporations. While the data does not reveal the number of individuals who applied, it may appear that the odds are stacked against non-corporate applicants.