Your invention deserves more than a Blue Light Special

August 21, 2020

“I’m going to do this myself,” you say.  "Proceed at your own peril," I say. 

If you were a brain surgeon, and I came to you because I needed help, and you told me that my procedure would cost $20,000, what would you think if I said, “Thank you very much, I think I’ll do the surgery myself”?  The thought you just had is the same thought that should be going through your head if you are thinking about writing and prosecuting your own patent application. 

Recently the following events have occurred.  Two doctors appear to have decided to prosecute their own patent application and then to litigate their own patent infringement case in federal court.  Well, you might think to yourself, why wouldn’t they?  They are both doctors. They must be incredibly smart and hardworking just to achieve what they have achieved.  They should definitely go for it.  Well, such a path can be, and was, fraught with peril.  The patent protection they obtained is of questionable value.  As to the litigation, they have been sanctioned to the tune of just under $100,000.

It is true that the cost of filing for a patent is high.  However, that fact should not stop you from having a qualified patent attorney write and prosecute your patent application.  What should stop you is your answers to the following questions: Will I make more money on this invention than what it will cost to file this application?  Will I be able and willing to work day in and day out to form a business around this invention and actually make this invention a commercial reality?  If the answer to any one of these questions is no, then the cost of filing your application probably is too high.