Does An Inventor Have to Apply In Person?

My brother has created an item of apparel that he would like to patent, however there are no patent attorneys in Augusta, GA. I thought that I could handle it in my area (Ocean County, NJ) but I can't believe that there are no patent attoreys near me. I recently moved to this area from New York City, where every service is at your fingertips. Hard to get used to. Can you tell me how to patent without visiting an attorney's office?

No, you do not need to apply for a patent in person, you must apply in writing to the US Patent Office. Usually, you do this through your attorney. Your attorney will write a patent filing (patent application) and submit it on your behalf. It is not typically necessary to meet with an attorney in person. Simply call and interview your attorney by phone.

Since you mentioned clothing (apparel), it is worth mentioning that apparel may be difficult to patent. Next to cooking, clothing is one of the oldest arts known. Because so many people have invented clothing of all types before your brother, this can make it more difficult go receive a patent. Remember, something about the apparel has be be new (invented) to receive patent protection.

Also, you might want to check out the guide on "How to find a Patent Attorney." I suggest in that guide that the a patent attorney you select should understand your invention and its technology. A patent attorney that is well versed in clothing may be able to help you determine if anything about your apparel is new.

Other articles that may be helpful:

  • How new is new enough?, December 14, 2008: How to use “Prior Art” to help you to decide whether to invest in a patent application. You can determine how your invention is different from earlier inventions by conducting a “prior art search.” Inventions that come before your invention are referred to as “prior art” by patent attorneys. The differences between your invention and the...
  • Use the patent attorney that understands your technology, March 3, 2009: We are a California firm seeking patent counsel outside of CA. Is there any advantage to staying local when it comes to finding a patent attorney? The first legal mentor I had said “Clients will get better results with an average lawyer that they trust, than the top lawyer that they do not trust.” In patent law,...
  • Time is of the Essence: Speedy filing best preserves your patent rights., February 24, 2008: Filing a patent application has a number of legal effects. Competitor’s activities, which would have been Prior Art before your patent application was filled, may eventually be found to infringe your patent. The patent application is a licensable, transferable property right. Patent rights...