Can I prepare and file my own patent/trademark/copyright? - Miller IP

Can I prepare and file my own patent/trademark/copyright?

Miller IP Law

The real question is not can you, but should you?

Having an intellectual property (IP) attorney prepare a patent/trademark/copyright application can be a large financial investment. The US patent and trademark office allows inventors to file their own applications without an IP attorney. So, should you save your start-up or small business some money and file the application yourself?

Miller IP Law

Patents, trademarks, and copyrights may become a sizeable investment for a start-up or small business. The question is often asked, "I am a smart person, I understand my business better than an attorney, can't I do this myself?" If you ask an attorney, you will get a biased that you need an attorney. After all they went to school for years to earn a degree to practice law. Plus, now they have large student loans to repay. But, just because the answer is biased does not make it wrong. To determine whether you not you need an attorney, you need to consider why you want a patent, trademark, or copyright.


Miller IP Law

Sometime businesses just want to be able to mark their product as patent/trademark/copyright pending to try and scare off competitors. If this is the case for you, you many consider preparing and filing your own patent/trademark/copyright. Although you patent/trademark/copyright application will not likely result in an actual patent/trademark/copyright, it gives you a period of time to show you have something pending to try and scare of the competition.

Long-Term Investment

Miller IP Law

If you are looking to use patent/trademark/copyright as an asset of you company that you invest in, then you should highly consider using an intellectual property attorney to help you prepare and file your patent/trademark/copyright application. It isn't that you are not smart enough to understand your own business or your invention, the issue is that there are a lot of nuances to patent/trademark/copyright.

When preparing a patent/trademark/copyright application, your intellectual property attorney considers how to get you the best coverage to protect your business or invention. How would someone design around your invention? How do can I best prepare to argue that this business or invention is different than what is already out on the market place? What recent court cases might affect this patent/trademark/copyright? These are just a few of the many questions an attorney considers in preparing your application.

Experience Matters

Miller IP Law

Any good intellectual property attorney can pick up an application and with just a few second determine whether it was prepared by an attorney or not. Why? Because, there is a difference in the quality of the application. Note, I said quality, not content. An inventor or small business owner may generate great content, but the quality of the application includes how things are described, the style of the application, and whether there are legal mistakes made.

The choice is yours. As an attorney, I freely admit my answer may be biased, but the biased comes from seeing the pitfall that start-ups and small business face going it alone. Good intellectual property attorneys are there to create value for your business, because they want to grow right along side of your business as they help you along the way. So should you go it alone or seek an intellectual property attorney to help you? It all goes back to what you want your patent/trademark/copyright for.

About the Firm...

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

Top Blog Articles

1. Cheapest Way To Get A Patent

2. How Long Does It Take To Get A Trademark?

3. Why Are Patents Important?

Miller IP Law

Want to chat more about this topic, or got a burning question? Take advantage of instant chat and send us a direct message


Miller IP Law

Find Us On LinkedIn

About Our Firm…

Miller IP Law is a group of attorney's, based out of Mountain Green, Utah, who are excited to help you build your business and further innovate market places and economies. Please consider looking at our services, billed at flat rate, and be sure to grab a free strategy session to meet with us!

Start Your Journey



Get weekly stories and information about protecting intellectual property with our e-mail Newsletter today!

Need To Get In Touch With Us?➡

Schedule A Free Strategy Session Today…

Miller IP Law

Flat Fee Pricing

Straightforward for Patents and Trademarks

Miller IP Law

Patent Application

Miller IP Law

Trademark Application

Miller IP Law

Copyright Application

← Older Post Newer Post →

Miller IP

Tips for Buying and Growing a Struggling Business - Miller IP

Tips for Buying and Growing a Struggling Business

Many entrepreneurs like the idea of buying a struggling business and turning things around by making better management decisions. After all, owners of distressed businesses...

Read more
Resources for People Who Want to Start a Business with Limited Capital - Miller IP

Resources for People Who Want to Start a Business with Limited Capital

If you're like many Americans, you may dream of owning your own business. However, if you don't have a lot of startup capital, you might...

Read more