Can I represent myself in a patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, in most cases. According to MPEP 401, “An applicant for patent, other than a juristic entity (e.g., organizational assignee), may file and prosecute their own application, and thus act as their own representative (pro se) before the Office.” However, there are important considerations:
- Juristic entities (e.g., companies) must be represented by a patent practitioner
- Pro se applicants are subject to the same rules and potential sanctions as represented applicants
- Lack of familiarity with patent procedures may result in missed opportunities for optimal protection
Topics:
MPEP 400 - Representative of Applicant or Owner
MPEP 401 - U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner
Patent Law
Patent Procedure