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June 26, 2023
John Rizvi, Esq.

Writing Your Own Patent & Skipping the Registered Patent Attorney: Can it Come Back to Bite You?

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So that's just like any type of due diligence, when somebody goes to buy a house, like the bank will require a home inspector to really check out the home to see if their collateral is protecting the bank. Like, is the foundation good? Is the roof gonna hold up? Are the walls fine? Does it have termites? I think what inventors need to understand is that evaluating patents is the same way, especially patent pending, because patent pending by itself doesn't doesn't denote any level of quality. It just means a patent has been filed. But before anybody invests they want to see what was filed, and they also want to see who filed it? Like was it self-written? Or was it written by an attorney? And was it written by an attorney that has a reputation for filing quality applications?

Exactly, exactly right. I had a gentleman one time say, “No, no, I use your registered patent attorney.” I said, “Oh, send me a copy of it.” I circled the words for the attorney, filled in the template, and sent it back to him. He goes, “How did you know?” and I said, you know, because everything else was so generic. And I can see where the words had filled in. If I can see that, a judge can see that, and you will be thrown out of court. It's like, a good patent is a work of art, all right? It is a unique Monet. Everyone is a piece of art that stands alone, all right? You can't fill in the blanks; it’s not a paint by number. It is a unique piece of work. And a lot of inventors don't realize that. They figure, you know, oh, just fill in the blanks. It's like, you know, really, would you, you know, have a brain surgeon do a heart transplant for you? Probably not. You know, get the right person to do the right job.

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