Patents, prototyping, packaging – it all seems so overwhelming when you are a new inventor, doesn't it?

Expensive too! Are you forever seeking ways to “cut corners” or at least mitigate the costs that invention seems to impose on your checking account? 

Here is one “savings” that you will regret: writing your own patent.

I get it. Patent attorneys are expensive. It seems you could save thousands of dollars if you just drafted your own patent. Right?

Wrong! In fact, writing your own patent could cost you thousands in wasted effort. You should never attempt to write and submit your own patents. Why?

Read on.

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Penny Wise and Pound Foolish

The heart and soul of your patent, from a legal perspective, lies within the claims that are made in your patent. Every patent has two types of claims: independent, and dependent. The structure, verbiage, and arrangement of these claims can result in either a strong, defensible patent – or a weak patent that anyone can legally knock off. Your patent attorney has the training and skills to write claims which can result in a strong, defensible patent – and that is precisely why you hire him or her to help you!

But, if you read a few books on writing patent claims, couldn't you just do it yourself and save the money from hiring an attorney? What's wrong with that? I'll show you with a simple (albeit overly simple, to make it clear) example.

Let's say that your invention consists of a sort of patio table that has 3 legs and a circular glass top. It is 24″ tall and the glass top is 18″ in diameter. You read that the claims need to “fully” describe your item, so you decide to be explicit. That should produce a well written patent, right? Let's look at your drafted patent application:

YOUR PATENT DRAFT – What is claimed is:

  • Claim 1 (independent) A small table, consistently of three legs or support structures made of wood and 24 inches in length. The three legs support a circular top that is 18 inches in diameter, the table top is made of glass.
  • Claim 2 (dependent) The table in claim 1, wherein the table includes extensible legs such that the height could be increased to 30 inches or 36 inches.
  • Claim 3 (dependent claim) The table in claim 1, wherein the table top is made of plastic, instead of glass.

You congratulate yourself since it appears you have a variety of tables covered: ones with extensible legs; one without that has a set height; also one with a plastic top as well as glass. Okay, now let's look at how your patent attorney might have written the claims for your product:

YOUR ATTORNEY'S PATENT DRAFT – What is claimed is:

  • Claim 1 (independent) A table, consistently of a plurality of support structures that support a generally horizontal top surface. In the preferred embodiment, the support structures may be approximately 24 inches in length, constructed of wood, but other materials, including metals and plastic may be used. Also, in the preferred embodiment the top surface may be made of glass, but other materials may be used including plastic and metal. The top is preferably oval in shape, but other shapes, including square or rectangular may be used.
  • Claim 2 (dependent) The table in claim 1, wherein the table includes extensible support structures such that the height could be increased to a variety of lengths, including, but not limited to 30 inches or 36 inches.
  • Claim 3 (dependent claim) The table in claim 1, wherein the table top is made of plastic, instead of glass.

With apologies to any patent attorneys reading this poor approximation of your craft, let's look how strong the issued patent might be.

Your patent claims a table with precisely 3 legs and a circular top, generally made of glass or plastic. The heights available could be 24″, 30″ or 36″. 

So, all of the following would be similar to your table, but would not infringe your patent:

  • Any table with 4 legs
  • Any table with an oval top or rectangular top or any other shaped top (except circular).
  • Any table with metal or plastic legs
  • Any table with a circular top that was not 18 inches in diameter.
  • Any table with extensible legs that were different than 30 or 36 inches

Wow! You could drive a metaphorical Mack truck through your patent without infringing! Sorry, worthless, weak patent.

Looking at your attorney's claims, there is a much broader scope and monopoly that is covered. Likely all of the 5 examples above would infringe your claimed invention. This would be a much stronger patent. 

Hopefully, I have made my case that you must work with a patent attorney!

Stay tuned!

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Would you like some tips and tricks to making better business decisions? Grab your FREE copy of – Keys to Great Decision Making – cheat sheet now.

Just click on the blue button below to get your copy now.

Would you like to learn how to make money from your invention? Tired of just spending money?

Attend the next FREE live webinar – How to License Your Invention for Royalties.

All you need is your cell phone, laptop or desktop computer to attend this LIVE webinar. Get all your questions answered.

Just click on the orange button below to sign up for the next FREE live webinar – License Your Invention for Royalties.