To DIY or not to DIY, that is the question many creators and entrepreneurs ask themselves when it comes to applying to register their intellectual property or take other steps to protect it. What’s the answer? That depends on a variety of factors, and I’ll be going over that today.
For the last few weeks, we’ve explored the monsters of intellectual property. We’ve learned what they are, what they aren’t, and how they can help you build a powerful brand and business. But now, you’ve reached a crossroads. You know you need to protect your work. The question is: do you walk the path alone or bring a guide?
Most creators and entrepreneurs, especially those in the indie space, are DIY warriors. You write your own scripts, you create products, you design your own merchandise, you do your own marketing. It’s in your blood. Naturally, when it comes to intellectual property, you might be tempted to handle it all yourself. The truth is, sometimes you can.
The key is knowing when DIY is fine, and when to bring the right professional with a lantern to light the way.
The Self-Help Path: Walking the Foggy Road Alone
For copyrights, trademarks, and patents, the U.S. government has made it possible for you to file applications on your own. The U.S. Copyright Office and the USPTO websites have portals where you can fill out and submit your forms. You are NOT required to have a lawyer help you unless you are outside the U.S. and want to file an application in the U.S. for a trademark or patent.
On the surface, this sounds great, right? Not using a lawyer saves you money. Who doesn’t like to save money? But that shouldn’t be your only consideration, because the DIY path is one filled with hidden pitfalls. Remember how, when you were growing up, you thought quicksand was going to be a bigger problem in your life? Well, intellectual property law can be that quicksand. Knowing when to spot when it’s safe to walk forward alone and when to have some help is important.
Here are some of the reasons DIY can be risky with intellectual property protection.
- Jargon Can Be a Trap: The application forms are full of complex legal jargon and technical requirements. A simple mistake in classification or description can lead to your application being denied, and you don’t get your money back. Having to start over, if it’s even possible, can set you back months or even years.
- Not Having a Professional Trademark Search or Patent Search Done Means Your Foundations Could Be Ready to Crumble at Any Time: When you file a trademark or patent application, you’re not just filling out a form. You’re submitting your brand or invention for examination to a federal trademark or patent attorney. Before you do that, you need to do a thorough search to see if someone else is already using a confusingly similar mark or if there is an existing invention that’s too similar to yours.
A DIY search on the USPTO database is a good start, but it’s easy to miss something that could get your application denied down the line, or worse, result in you infringing on someone else’s rights. Just getting a report from AI isn’t good enough, either. These kinds of searches are complicated and full of nuance. The professional analysis of the search results is crucial. AI just isn’t ready to replace experienced attorneys yet.
- Copyright Registration is Not Always Simple: For copyrights, it’s easy to make mistakes that could limit your ability to defend your work. Small errors can have big consequences down the line if you ever have to sue for infringement, especially errors with the timing of the application.
The Professional Path: Bringing Your Wizard
Now that we’ve covered some of the potential horrors of DIY applications, let’s go over some of the ways using the right intellectual property attorney can help you avoid them.
We’re here to help you avoid the monsters you can’t see. When you hire a good intellectual property lawyer, you’re not just paying for a form submission; you’re investing in:
- A Professional Search: A trademark lawyer or patent lawyer can conduct a comprehensive search far beyond a simple database lookup and interpret and analyze the results using their years of experience. This helps you identify potential conflicts before you invest time and money into a brand name that’s already taken or an invention that already exists.
- Correct Classification and Filing: We speak the language of the USPTO and the U.S. Copyright Office. We know the ins and outs of the filing process and can ensure your application is submitted correctly, which almost always dramatically increases your chances of success.
- Strategy. A good IP lawyer can advise you about the best ways to protect your intellectual property that suit your goals and your budget. That includes the best sequence of filings and using other tools like non-disclosure agreements, employment agreement clauses, and more.
- Your Personal Legal Advocate: If a problem arises with an application, a lawyer can represent you. This is the difference between facing a challenge alone and having a professional in your corner.
I have several posts on the common myths and perils of DIY patent applications if you’d like to learn about more specific issues that can arise.
Real-Life Petrifying Patent Case
Just yesterday, I received a refusal from the USPTO for a client’s patent application, and she had not had a patentability search done before she filed her own DIY provisional application.
She did not want to have a search done before we filed the non-provisional application, so we went ahead and filed. Turns out it’s being rejected because the examiner thinks there are things already on the market covered by existing patents that make her invention too obvious and not novel.
That likely could have been avoided if she’d had a thorough professional patentability search done before she filed a patent application.
Now You Don’t Have to Have the Crossroad Blues
The choice is yours. In some situations, the DIY approach is usually fine. It depends on the stakes and the complexity of the situation. If you have a business, a brand, or a creative project that you believe in and want to build a valuable legacy with, it’s probably time to bring in the right help. If hiring an attorney for full services absolutely isn’t in your budget, it’s worth spending a little to get some guidance on how to avoid common DIY problems and to point you in the right direction to achieve your goals.
The most important step is to get the information you need. Whether you choose to walk this path alone or bring an intellectual property attorney with you, the first step is to be prepared. When you’re ready, we’re here to help.
Don’t let your creative work or business become a horror story. Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don’t have to face the darkness alone, though.
I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I’m an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.
If you’d like to consult with me, you can book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.
Please check out the other frighteningly good posts and pages on this website for more information on intellectual property and business law issues. I’m also on most major podcast platforms as “Know Your Rights: Your Intellectual Property and Business Law Playbook” and on most social media as @kingpatentlaw.
RSS - Posts
