How to get patent pending without an attorney

If you can’t afford a reputable patent attorney, you may attempt to draft and file a provisional patent application by yourself. While we cannot advise if it will be worth going this route, it is possible to attempt to secure your patent rights by filing a provisional patent application. However, please bear in mind, a badly drafted provisional patent application can cause more harm than good and you should not be writing your own patent application unless as a last resort.

provisional patent

Steps to write a patent application by yourself:

1. Prepare a disclosure about how to implement your invention. You can use our sample provisional patent application template as a starting point. Make sure you follow all instructions provided in that document. 

2. Provide drawings and flow charts and explain those figures in your disclosure, be thorough and provide as much detail as possible. 

3. If appropriate, your drawings and flow charts should also explain the process of how to make and use the invention.

4. Explain things as if you were trying to teach your invention to a child. That means document information that you may presume to be obvious.

5. Go to the USPTO’s website and file the application electronically. You can follow our detailed instructions on how to file  a provisional patent application by yourself.