Self-drafting patent applications is not for everyone and should be careful considered before drafting and filing your application.  Valuable patent rights can be lost attempting to self-draft a patent application.  Also, it is not recommended to self-draft a patent application if you do not have the a 1-year safety net to protect you in case you make mistakes in your provisional application (in the U.S. you have up to 1-year from a “public disclosure” to file a patent application).

Below is a preliminary factor test to help evaluate whether or not you should self-draft a provisional patent application (you can rate each factor a value of 1 to 10 with 10 being the highest and 1 being the lowest):

1. What is the value of your time (based upon income, personal free time, etc.)?
2. What is the risk of writing a poor and inadequate patent application (based upon your writing and drawing skills, unfamiliarity with the patenting process, etc.)?
3. What is the marketability or potential profitability of your invention?
4. What is the patentability of your invention?

If 3 or more factors are high, then you should seriously consider hiring a patent attorney to draft your patent application. If 3 or more factors are low, then self-drafting should be considered. If you are in the “middle”, then you need to seriously evaluate your position and attempt to make the best decision for you and your technology.

If you have any questions about the provisional patent process please contact us.