What risks are associated with pro se patent applications?

Risks of Self-Representation in Patent Applications

While individuals can file pro se patent applications, there are several risks to consider:

1. Lack of expertise: Patent law is complex, and lack of familiarity with examination practices may result in missed opportunities for optimal protection.
2. Potential sanctions: According to MPEP 401, pro se applicants are subject to the same certifications and potential sanctions as represented applicants:

In presenting (whether by signing, filing, submitting, or later advocating) papers to the Office, a pro se applicant is making the certifications under 37 CFR 11.18(b), and may be subject to sanctions under 37 CFR 11.18(c) for violations of 37 CFR 11.18(b)(2).

Given these risks, the USPTO may suggest hiring a registered patent practitioner if they notice an applicant is unfamiliar with the process and the application contains potentially patentable subject matter.

For more information on pro se, visit: pro se.

For more information on self-representation, visit: self-representation.