Not a week goes by in which I don’t receive a call from an inventor that believes that filing a patent application is similar to completing a driver’s license application (i.e. just a matter of completing some forms). Such inventors are often disgusted and mad that preparing a patent application is a lot of work, and therefore not inexpensive. I frequently direct them to self-help legal books on patent application drafting and tell them that if they read it from cover-to-cover at least twice, and follow the directions step-by-step, then they should be able to draft their own patent application. I have yet to see someone actually do it.

This week a patent application published under the title “The Perfect Golf Tee.” The title alone peaked my interest. Unfortunately, the inventor decided to prepare the application himself and it will not result in a patent issuing (in other words he probably would have received more pleasure by flushing the $500 filing fee in cash down the toilet).

Experienced inventors know that the claims of a patent application are the legal description of the invention; in other words… the most important part. Perhaps the most fundamental rule in patent prosecution is that each claim is a single sentence (i.e. one period at the very end). This is why it is always fun (and sad) to see a proposed claim that is written in paragraph form as if the inventor is describing the invention to his buddies at the 19th hole. Check out this inventor’s claim.

This is equivalent of a surveyor using a yardstick to survey an entire golf course. I learned a long time ago… there are just some things that aren’t worth trying to save money on. (which is why the advertisements for economy priced laser eye surgeries always amaze me)

Dave Dawsey - The Golf Patent Lawyer

PS – click here to see why the same is true for trademark applications