Are there ever any times that it is advisable to write your own patent? Yes. If you want a patent that is going to be basically a non-commercial patent, that you don't plan to make money on, then I would certainly try it yourself. You can get several similar patents from the PTO database, modify them, write up some similar claims, and file it. When it is examined, you can call the Examiner and he will help you modify the claims so that they are allowable. You should end up with a patent, but don't count on it being useful to keep competitors from copying your product, or for licensing.
However, if you want a patent for commercial purposes, for licensing or to keep competitors from copying, it would be a big mistake to try write it yourself. This is hard for a lot of inventors to accept, because as scientists, engineers, PhDs, and stubborn individuals, they have typically been able to learn anything and do anything. However, the contents of a patent, and especially the claims, have to not only convey information, but also have to set the patent up for future interpretation by judges and juries, and to withstand attacks on validity for a number of reasons. An individual or enterprise is generally doomed if they insist on writing their own patents, because they are cutting corners on the quality of the foundation of their enterprise. They are literally saving pennies and losing dollars. In the long quest of bringing a product to market, the cost of obtaining a patent is a small part of the overall cost compared to marketing and manufacturing. If they so underfunded that they can't afford a patent, then they likely don't have the resources to bring the idea to market.
Comments