I am finally getting close to filing for a patent. I have been to uspto.gov and read a lot about utility and design patents but I still don't seem to understand how you determine which to apply for. I realize that a utility patent is protecting how an item is used while a design protects the appearance of an article. What is the determining factor on which to choose from? Plus, has anyone here ever filed for one on their own or were you forced to use a patent attorney? Thanks
First you must obtain one of these: http://en.wikipedia.org/wiki/Patent_attorney Please refer to this data found on Google (aka God) "For a particular inventor who wishes to apply for a patent, there is no simple answer as to whether it is better to use a patent attorney or patent agent. It is our experience that some patent practitioners (attorneys or agents alike) who have never set foot in a courtroom and who have never litigated patents tend not to give as much attention as they might to aspects of the wording of patent claims that could make a difference in the strength of the claims if litigated. Thus, for the inventor who wants to get patent claims that have the strongest likelihood of prevailing in litigation, there is something to be said for having at least one patent practitioner involved who has litigated patents. Obviously this is an oversimplification, and there are many patent attorneys and agents who have never litigated a patent but who nonetheless are very good at thinking about how to make the patent claims as strong as possible for litigation."
