do I get a better chance of my patent being accepter in the USA, if the original patent is done there? or is it the same if I patent in Mexico and then translate and register the patent in the USA?
Country relating to Question: Mexico
the same standards apply to both situations
so the chances are the same
Do I get a better product in the process of refining the writing of the patent if the process is done in english and with a US law firm?
What I mean is: I wrote a draft of the patent myself but I need refinement of it because I know nothing of claims; I also have never done this proses (of patenting) before. I would need guidance and, since my primary goal is the US market, I don't know how much guidance and what is the best way to go about it.
yes of course, if you are filing a patent in the US it must be prepared by a USPTO registered, U.S. patent attorney
you should consult with a U.S. patent attorney or agent, there are many in California for example, as well as Washington DC
writing a good patent takes many years of experience and knowledge of patent law
...not to mention knowledge of the rules of the USPTO
do you know how much this agency would charge (more or less)
it depends on the attorney's rates and the complexity of the invention, but a utility patent done by a small law firm or solo attorney will cost at least $4000
and that is for relatively low complexity
most small firms charge around $6500 for a typical patent
but it depends on many things
but its expensive either wya
even if I wrote the patent myself and would just need guidance?
the patent attorney will generally either prepare and file your application or not....there really isn't any "guidance" service
but I have done most of the work already
you might find someone that is will to offer some consulting, but it would still cost a lot of money for them to review your invention and give you advice....but really that sort of thing is not proper
if your work is useful then it may allow you to save the attorney some work and negotiate a better price
but even if you did a good job desdcribing thte invention, a lot more work is required
most likely, what you wrote will have to be rewritted and re-oirganized, and a lot of new material will have to be written
how would I go about it? I am a bit afraid that I send the patent to someone I don't know
well you could work with a firm in mexico that deals with US attorneys and patnet filings...or just start calling some US patent attornets
you can find many do web searches or on www.lawyers.com
"patent agents" and sole practitioners often offer lower rates
If it is a rubber patent, do you know if there are experts in this field?
patent attorneys have all kinds of backgrounds, so yes there will be some out there
But you do think that I need to go through one of this agents?
you need to use either a patent agent or a patent attorney
either will work
what is the difference?
patent agents did not go to law school, they are just registered to prosecute patents at the USPTO
so maybe the best thing is to go to an agent that is an expert in rubber?
that would be fine
Do you know any?
Do an agent charge less than a law firm? usually
agents charge somewhat less usually
no I can't recommend anyone specifically
do some online searches and speak to some over the phone and by email
Can I still ask questions all through this week if I need to?
yes but you should submnit a new question
and don't forget to click ACCEPT on this one
best of luck
Experienced in intellectual property law
Alex, Do you think that it is a good idea to file my PCT patent here in Mexico first? Contrary to the USA where it has to be done by a registered lawyer, here, you can do it directly in the government office. I have it drafted enough that I think that I can do it.
yes, it seems it would be easier for you to file in Mexico first so that is likely the best option for now.
Alex, what would happen if we change the patent (claims, description, figures etc...) from when I submit the draft in Mexico to when I work it further with an specialist?
Unless you want to file a separate, new patent, then you really can't change the PCT because it needs to be the same patent application essentially, except for modifications made for differences in patent format/styles for different countries
I don't know how to write the claims, can I write one core claim in the first draft that I summit and then add more claims once I have worked with a knowledgeable expert?
Hi, there are some technical problems so I am sending my answer this way...yes, it seems it would be easier for you to file in Mexico first so that is likely the best option for now.
Changing the claims could be a problem and would likely require it to be a separate patent.
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