A provisional patent application allows you to file without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. A stepbystep overview of a patent application and maintenance process.The five stages of a patent process. The USPTO suggests the Seven Step Strategy. Below you will find information on what you will need in order to apply for a patent. Getting a patent in Texas is the same as any other state. The patent application is filed with the United States Patent and Trademark Office (USPTO). An intellectual property ("IP") attorney isn't just for filing patent applications. The application must include a description of the mark that clearly, accurately, and completely describes every element of the mark. What follows are the most common parts of a patent application, together with discussion about what each section needs to include.