How good are you at writing patents? Because the quality of your provisional patent application will depend entirely on your patent writing skills if you file with Legalzoom. Legalzoom patent application filing system simply files whatever documents you give them describing your invention, without any substantial review of the contents or helpful feedback to improve the likelihood of acceptance from the USPTO.
Although it’s always tempting to try and do things yourself, patent filing should be taken off your to-do list. The USPTO actually recommends that you have a patent professional draft and file your patent for you. If you need further proof of why Legalzoom patent application filing is a waste of your time, below is a direct quote from an Office Action received from the USPTO:
“An examination of this application reveals that applicant is unfamiliar with patent prosecution procedure. While an applicant may prosecute the application (except that a juristic entity must be represented by a patent practitioner, 27 CFR 1.31), lack of skill in this field usually acts as a liability in affording the maximum protection of 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 skilled preparation and prosecution.”
At MU Patents we are sometimes faced with the task of filing a non-provisional based on a Legalzoom provisional, and the support for the invention is simply not there. This is highly misleading for someone filing their provisional with Legalzoom, who assumes they are protected and proceeds to tell the world. By publicly disclosing the invention, without an effective provisional application, you could jeopardize your worldwide rights for your invention.
If you are a do-it-yourselfer, by all means draft a first version of your patent but then pass it on to a professional who can help strategically execute the final filing. Keep in mind that the quality of patent protection is largely a result of the professional preparation of the application. Without sufficient disclosure of the idea, the provisional won’t be valid, and if you later disclose the invention you may be unintentionally giving up all protection of your invention.
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