The Cutting Edge: Computing / Technology / Innovation : INTELLECTUAL PROPERTIES : Attorney Invents Help for Processing a Patent

There are just two absolute requirements for becoming a successful inventor: a certain amount of creativity and enough money to pay the legal fees and other expenses for obtaining a patent.

Inventors still have to supply the creativity, but a new personal computer program may help with the financial end. Called “Patent It Yourself,” the software guides users through the entire patent application process, right up to mailing the paperwork to the patent office.

It also purports to free inventors from the need to hire a high-priced patent lawyer. Between filing and legal fees, a U.S. patent usually runs a minimum of $5,000. Some cost thousands more, and most of the money goes to legal fees.

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The software is the brainchild of David Pressman, a San Francisco patent attorney with more than 30 years’ experience. He is also the author of the book “Patent It Yourself,” first published in 1979 and then updated and reissued in 1985. It was the basis for the software, and its entire contents are available in the program.

“The main purpose of the software is to lead people through the patent and demystify what is a mysterious process,” Pressman said.

Most of the “Patent It Yourself” program is designed to help inventors with the all-important task of properly describing their creations. That’s the best way to ensure the maximum legal protection for the creation, Pressman said. The software contains all the official forms needed to apply for a patent and is filled with examples and explanations.

“Initially it helps the inventor evaluate the invention and write a preliminary written record so you can prove you invented it,” Pressman said. “It also helps you evaluate the invention in terms of patentability and commercial value.”

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Pressman wrote the software package with programmers from EDS Corp., the computer firm founded by Ross Perot, and Berkeley-based Nolo Press, publishers of both the book and the software.

Some patent attorneys warn against the do-it-yourself approach.

“It’s dangerous,” said Stephen Strauss, a partner at Fulwider, Patton, Lee & Utecht, a Westwood intellectual properties law firm. “Lay persons often won’t understand the complexities involved, and sometimes with these how-to books you can make a mistake early on that can really hurt you.”

Patent examiners will reject improperly worded applications and will sometimes even advise an applicant to hire a lawyer to clean up the mess, Strauss said.

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For inventors who plow ahead on their own despite such warnings, “Patent It Yourself” still won’t remove all the pain. Between the basic application and licensing fees, a patent will set you back at least $900, and “Patent It Yourself” sells for $230. It runs on personal computers equipped with Microsoft Windows 3.1 or higher.