Founding Partner
We understand the temptation to handle your own patent application. Filing on your own may seem like a quick way to save money and maintain control. But while the upfront cost might be lower, the long-term consequences can be expensive—and permanent.
Even small missteps in a patent application can mean rejection, lost rights, or patents that are practically worthless. In this post, we’ll walk you through some of the most common errors we see in do-it-yourself patent filings and explain how working with a patent attorney can protect the value of your invention.
Missing the Mark on Patent Claims
The heart of a patent is its claims. These statements define exactly what your invention protects. But writing clear, enforceable claims isn’t easy, especially if you’ve never done it before.
Many DIY applications include:
- Claims that are too broad and get rejected
- Claims that are too narrow and allow competitors to easily work around them
- Confusing language that doesn’t hold up in a legal challenge
For example, we’ve seen inventors describe a breakthrough concept but use wording that leaves loopholes. As a result, their patent gets approved, but it offers little actual protection.
When you work with us, we take time to understand your invention, your business goals, and your competitors. That way, we can craft claims that hold water and deliver value.
Poor Disclosure and the Risk of Rejection
Another common problem is failing to explain the invention clearly. The law requires that a patent application must be detailed enough to allow someone “skilled in the art” to make and use the invention without guesswork.
DIY applicants often:
- Assume others will “get it” without full explanations
- Leave out variations or alternate versions
- Submit low-quality drawings that don’t support the written description
The result? The patent office may reject the application outright or issue ongoing rejections until the issues are fixed—if they can be fixed at all.
We work closely with inventors to ensure that everything is spelled out, illustrated properly, and supported by solid technical descriptions.
Filing Too Late—or the Wrong Type of Application
Timing matters. So does choosing the right type of patent filing.
Some of the biggest mistakes we see include:
- Waiting more than a year after public disclosure to file, resulting in a total loss of rights
- Filing a provisional application, then forgetting to convert it to a non-provisional within 12 months
- Filing a non-provisional before the invention is fully developed, leading to wasted money and a weak patent
We’ll help you plan your patent strategy from the start, making sure you meet every deadline and file the application that makes the most sense for your situation.
Underestimating Prior Art and Patentability Challenges
Another trap many inventors fall into is relying on a quick online search to determine whether their idea is new. While free tools like Google Patents can be useful, they don’t show everything, and they don’t help you interpret what you find.
Missing prior art can lead to:
- Filing a patent application for an idea that’s already been disclosed
- Getting rejected after months of waiting and expense
- Wasting valuable time and energy pursuing something unpatentable
We conduct thorough prior art searches and explain what’s out there in plain terms. If your invention is patentable, we’ll help you move forward. If not, we’ll discuss alternatives.
Why a Patent Attorney Pays Off in the Long Run
A well-drafted patent is more than a legal document—it’s a business asset. If you’re hoping to license your invention, attract investors, or enforce your rights in court, your patent needs to stand up to scrutiny.
Working with a patent attorney can:
- Help you get better protection with fewer office actions
- Reduce your chances of rejection or future invalidation
- Ensure your claims align with your commercial goals
We provide strategy, guidance, and long-term thinking to help your idea succeed.
Protect Your Invention the Right Way
A DIY patent filing might seem like a shortcut, but it often leads to dead ends or wasted opportunities. We’ll help you avoid the common mistakes, protect what you’ve created, and move toward strong, lasting patent protection.
Contact Gearhart Law today to schedule a consultation—we’re ready to help you move forward with confidence.