The Pitfalls of Pro Se: Four Reasons You Should Hire an IP Attorney

You can file for a patent on your own and defend yourself in any proceeding surrounding a patent. Without the aid of counsel, this is entirely possible. When you represent yourself in court or in any legal matter, it is referred to as "pro se" representation. However, you may want to reconsider because patent law is not always straightforward or easy. In fact, receiving patent protection can be fraught with many unseen perils. Here are four good reasons you should hire an IP attorney:

1. Patent prosecution and litigation are lengthy processes. It could take on average two to five years to receive a patent and possibly several years to get to trial. The prosecution process (drafting and submitting a patent application to the United States Patent and Trademark Office) is usually filled with rejections, time constraints, and considerable editing. And when and if you receive a patent you are not guaranteed that other parties will not challenge its validity.

2. Patent litigation is complex. A case and may turn on the construed meaning of one word in a patent. Lawyers spend considerable time formulating arguments and strategizing how to win. But most importantly, patent attorneys not only have a technical background but are also trained legal professionals.

3. Patent drafting requires special skill. It takes an average of 7 years to be proficient at drafting applications. To draft a biomed

device patent the drafter must have a background in medical devices (usually at least one degree in engineering and experience in the field). Patent drafters are their own "lexicographers," meaning they have the power to derive their own words and terms to designate the parts of the patentable material that they are drafting.

4. Patent prosecution and patent litigation are expensive but even more expensive if done incorrectly. The average price of having a professional draft a patent for you is well into the tens of thousands. However, if you get a poorly drafted application patented and it is attacked in litigation, verdicts and judgments soar into the millions of dollars. It is well worth your time and money to seek an experienced, registered patent professional to diligently draft and protect your intellectual property.

IP attorneys spend years training to prosecute and/or litigate patents. I have spent approximately eight years in school, prepping for a career in intellectual property: four years as a biology undergrad, three years in law school, and one year getting my masters of science in patent law. I have also externed at a civil litigation firm and have worked at a large family law firm as well as independently as a legal practitioner. I have been published multiple times both online and in printed works. I spend my free time researching laws and technology. While it is possible to file and defend your own intellectual property, it is best to consult a patent professional to help guide you through the process. After all, it is your property and you should carefully protect it.