How are pro se applicants treated in patent applications?
How are pro se applicants treated in patent applications?
Pro se applicants (individuals who file patent applications without the assistance of a registered patent attorney or agent) are treated with special consideration by the USPTO. The MPEP states:
“While an inventor may prosecute the application, lack of skill in this field usually acts as a liability in affording the maximum protection for the invention disclosed. Applicant is advised to secure the services of a registered patent attorney or agent to prosecute the application, since the value of a patent is largely dependent upon skillful preparation and prosecution.” (MPEP 605)
However, the USPTO recognizes that some inventors choose to file pro se and provides resources to assist them, such as the Pro Se Assistance Program. While pro se applicants are held to the same legal standards as represented applicants, examiners are encouraged to assist pro se applicants in navigating the patent process.
To learn more: