Legal Question in Intellectual Property in Georgia

No "Free Lunch" for US Patents

The short answer to your question is "no."

The U.S. government charges at least a fee to file a patent application, a fee to pay to get the patent issued, and a fee to pay at the 3 1/2, 7 1/2 and 11 1/2 year anniversaries of the issue date to "maintain" the patent in force. Each fee is several hundred dollars.

That said, it is also true that the government fees charged to individual inventors, small businesses and nonprofit organizations are by law discounted by 50% from what is charged to big businesses for the same things. Such a deal!

Also studies published in the Journal of the Patent and Trademark Office Society comparing the costs of patenting in various jurisdictions have shown that compared with other places (e.g. Europe and Japan) a U.S. patent is a bargain.

Must one use a patent attorney?

Another question implied by yours is whether it is possible to get a U.S. patent without using a patent practitioner to prepare the application.

The short answer is "yes." There are various books on the subject, but one that's generally acknowledged as excellent is David Pressman's "Patent It Yourself," published by Nolo Press of Berkeley, CA. http://www.nolo.com/item/pat.html

That is not to say that it is easy, or that the protection that someone would get by doing it him- or herself would be the same as that won by using an experienced practitioner. Patent law is a complex body of continually changing rules and principles, with modifications coming from Congress, the Patent and Trademark Office itself, and the courts. That agency gives its own test which must be passed by a prospective practitioner before being granted a license, either as a "patent attorney" if he is also a lawyer, or a "patent agent" if not. Patent attorneys and agents are generally listed in the local Yellow Pages, and the Office has also posted a searchable Roster of Attorneys and Agents on the Web. http://www.uspto.gov

Some of the rules governing what must be included in a patent application require that the description of the invention be complete enough to enable someone skilled in the subject matter to make and use the invention. The "best mode" contemplated by the inventor of carrying out the invention cannot be concealed, and the legal teeth of the patent, the "claims" must be prepared using particular, stylized language ... akin to a computer program, in that it looks like English, but isn't just ordinary talk.

It can be desirable to prepare the best draft version of a "patent application" oneself and then consult a registered patent attorney or agent for supplementation and fine tuning. Also be aware that there are pitfalls preventing patenting if the invention is prematurely disclosed publicly or sold, and that the rules vary in different countries, so when in doubt ... ask.