Do I Need a Lawyer?

The United States Patent and Trademark Office does not require an inventor to hire an attorney to assist with his or her patent application.  An inventor may act pro se (for himself) during this process.  An inventor may hire a representative to act on his or her behalf during this process provided that the representative is a registered patent attorney or patent agent.

While the patent office does not require you to hire an attorney for the patent application process, we at Miles Way Coyne, PLLC, recommend it.  You, as applicant, will have the burden of proving to the patent examiner that you are entitled to a patent.  It is the examiner's job to search your invention and have you explain how your invention is new and not obvious as compared to the prior art.  It is our experience that is often more expensive for someone who attempts to prosecute his own patent application, and then is forced to hire a patent attorney or patent agent to defend a final rejection of that application at a later date.

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These pages are for informational purposes only and are not intended, and should not be construed as, legal advice.