Legal Question in Intellectual Property in Louisiana

How can i get a patent on an idea with no money up front


Asked on 5/18/10, 12:44 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

I don't mean this to sound flip, but the only answer to your question is..."Learn a lot about patent law." You do not HAVE to have a patent attorney to get a patent, but it is a Byzantine process (which is why patent lawyers are so well paid). It can be done without a lawyer, but you have many long nights of work ahead of you. Without any legal training, it could be a painful process for you.

I recently got involved in a couple of cases involving trademark law and I had to learn a lot about the process of registering a trademark for the first time in my career. It was not easy for me...and I have been practicing law for many years, knew the basics of trademark law going in, and have a multitude of legal resources at my disposal. And, from what I have seen, the patent process is much more difficult than the trademark process.

In any event, if you insist on going it alone (and it can be done), go to the US Patent and Trademark Office and start studying patent law and the patent process. They are online at www.uspto.gov. As hard as the process is, the USPTO does work hard to explain the process and the system as well as they can on their website. The people that I have dealt with at the USPTO have actually all been EXTREMELY well-informed and VERY nice and helpful.

I would not recommend going to one of those patent kits you see on advertised on TV. I have heard very bad things about them from several lawyers and patent-owners alike. While I have had no personal dealings with them, I have been informed by several people that they are essentially scams.

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Answered on 5/29/10, 1:09 pm


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