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Is a lawyer needed when writing the description of the script you will give to the patent's office, or you follow other examples, and write it on your own?

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    From your question, and its specific wording, I think you would be advised not to try this on your own. Precise language is required and the bureaucratic details of the USPTO (not "the patent's office" and not a "script") are unforgiving. You could learn but you may be at very low starting place.
    – George White
    Oct 14 '21 at 23:57
  • Could this cause me a problem? If yes, what kind of? Oct 15 '21 at 0:03
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    Your application gets rejected in a year and a half and you do not know how to reply in a way that overcomes the rejection so you never get a patent. If the problems are serious enough it's too late to get professional help to save it because no "new matter" can be added at that point. Or you might get a patent with claims that are too narrow or off target such that it doesn't deter others from practicing what you think of as your invention.
    – George White
    Oct 15 '21 at 0:15
  • Something else, If I finally patent the machine, can someone else patent the same machine (in my country)? Does the USPTO prevents that? Oct 15 '21 at 0:34
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    Other than the US, most places require strict novelty before filing. After the application in the US publishes or issues, an examiner in any country could find that in their search and use it as prior art to reject someone else's application. This should have been a new question.
    – George White
    Oct 15 '21 at 0:53
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It isn't required to use a lawyer or agent to file a patent, but in my opinion you are almost always better off doing so. A patent is a legal document and has to be very carefully written to gain your invention effective protection. I am not a lawyer, but I am an inventor in almost 90 patents. I personally would never attempt to write and prosecute a patent on my own without a patent attorney or agent. There are weak patents and there are strong patents. A weak patent may gain you almost no protection.

If you do use an attorney, then you can reduce your expenses by doing a good job of communicating what the invention is and what prior art you are aware of. Writing a draft in a form similar to other patents and having good drawings is an excellent way of do this. Just don't be surprised if the attorney or agent completely rewrites the document.

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  • I believe there is no need to open a new question, so I ask it here.... Are there any risks by writing on my own the description of the machine that I am about to patent? Could this action cause me future legal problems? Jul 22 '21 at 16:08
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    @just_learning What are you going to do with your description? Don't under any circumstances publish the description publicly. If you do that, you can lose the ability to get a patent.
    – Eric S
    Jul 22 '21 at 16:55
  • hi thank you. I am not going to publish it. But I am going to write the description on my own without the help of a lawyer and I am thinking...what could be the drawbacks of this choice...? Jul 22 '21 at 17:23
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    @just_learning As my answer states, if you are trying to draft the actual patent application, I'm suggesting it will be either less likely to be granted or else will be less effective as a patent. The description, by itself, isn't of much use.
    – Eric S
    Jul 22 '21 at 18:10
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    @just_learning Perhaps you should do some reading about the process of obtaining patents. I think “Patent it Yourself” by Pressman might be good. Check Amazon or your local library. I still think you’re better off using a lawyer, but it’ll help you understand the process.
    – Eric S
    Jul 22 '21 at 21:49

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