If you're domiciled in the United States, you're only required to have an attorney if you are a foreign-domiciled applicant. The program provides free legal assistance to underresourced inventors interested in securing patent protection for their inventions.While the patent application process can be lengthy and complex, it is possible to apply for a patent without an attorney. Although trademarks are also filed with the USPTO, an attorney can file a trademark with the USPTO without taking the patent bar. A California trademark registration offers brand protection if you operate entirely within California. The state trademark does get you some security. I filed a provisional patent without filling out the assignment form. Is it possible to assign an assignee after 10 months? Getting a patent in California is the same as any other state. The patent application is filed with the United States Patent and Trademark Office (USPTO).