[quote=KIBU]You can read that NOLO book and try to do it yourself with the provisional application or more, but I find that it is a big waste of valuable time.
I think the most important question is to determine how marketable your idea really is and if you still find that it is very promising then proceed with the patent agent or attorney’s help.[/quote]
Speaking of marketability, another thing to take into account is the often overlooked value of a good federal trademark registration. Regardless of whether you seek and/or obtain a patent, a trademark can be a really valuable asset (think of the value of the COKE trademark). A utility patent lasts for 20 years from the date of filing the non-provisional application, but trademark registrations can remain in force FOREVER, if you maintain them properly. And trademark applications are very easy for the average person to file (although I would always recommend that you talk to an IP lawyer about it first – they can help you out in a bunch of ways, including doing a search to see if the mark you’re considering is already owned/used by someone else). Go to http://www.uspto.gov and look under the Trademarks heading if you want to look into this possibility. You can file online; the filing fee payable to the Trademark Office is about $300/class of goods (all goods and services fall into one of 45 International Classes, see http://www.oppedahl.com/trademarks/tmclasses.htm )
Also, if your invention involves computer code, you can also consider whether it might be a good idea to file an application for copyright registration (which can be done whether or not you file a patent application). I would definitely recommend talking to an IP lawyer about that, as the rules are somewhat complex, but the basic term of the copyright is the lifetime of the author plus 70 years (or 95-120 years for works of corporate authorship). FYI see http://en.wikipedia.org/wiki/Software_copyright. And the fee to file a copyright application is about $35.
Finally, there are lots of programs out there that prepare people to take the Patent Bar (a lawyer who has passed this test is a patent attorney, others who pass become patent agents). If you have a technical background and an interest in learning how it’s done so that you don’t have to pay someone else to draft your applications, taking one of these courses might be worth it. There is no reason to actually sit for the exam unless you want to file and prosecute patent applications on someone else’s behalf. Any inventor can file/prosecute applications on their own inventions. FYI – All those who successfully pass the patent bar are given a registration number – if you want to confirm that someone is a registered attorney/agent you can look them up on the USPTO website.
