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Yes it is easy. The way to do it on your own is just copy the format and claims from other published patents. Don’t worry about plagiarism - patent attorneys ce
by danieltillett 8y ago
Yes it is easy. The way to do it on your own is just copy the format and claims from other published patents. Don’t worry about plagiarism - patent attorneys certainly don’t in practice.
The bigger issue is finding all the relevant references. The easiest way is find a half dozen patents similar to yours and just copy the references. The examiner will find the rest for you.
Where you will run into problems is at the examination stage where the patent examiner will try to throw your patent out and/or exclude all your claims. You just spend a lot of time arguing with them and eventually you reach some sort of compromise.
One approach I do think is a good idea with self-patenting is to create a thicket of patents. Put in lots of simple, short patents with very limited claims (say 3 to 4). The basic idea here is to minimise the attack surface for the examiner and just try to get some through. If you are doing this yourself it is a much more cost effective option than if you are paying a patent attorney.
I should end by saying that unless the patent(s) are for marketing purposes it is probably a waste of time. No small business can afford to enforce a patent so they are rather worthless. They can have value to a large company in an acquisition situation so I guess that is one reason to maybe do this - in this case the thicket approach is more desirable.