It involves documenting and mailing yourself a description or drawing of your invention in a sealed envelope, to use the postmarked date as the date of invention. Unfortunately, a poor man's patent has limitations because it is not legally recognized and will not hold up in court should a dispute arise.
The poor man's patent has become outdated as a result of the change from the “first-to-invent” to the “first-to-file” system. It's not enough to have a good idea. The key is the date of filing, which must be recorded in a patent at the US Patent and Trademark Office (USPTO).
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
While ideas alone cannot be patented, you can obtain a patent on an invention that was developed from an idea. Note this: if you pursue a patent, an invention must be actually produced, or at minimum, a detailed description of the invention has to be included with the patent application.
The Patent Process Determine the type of intellectual property you need. Determine if your invention is patentable. Determine what kind of patent you need. Get ready to apply. Submit your application. Work with your examiner. Receive your approval. Maintain your patent.
The Value of Patenting: Despite the costs, obtaining a patent can offer valuable protection for your invention. It gives you the exclusive right to make, use, sell, and import the product, which can be critical for a small business trying to establish itself in the market.
5 Important Steps To Draft And File A Patent Texas Document Your Invention. First and foremost, clearly document your invention to file a patent Texas. Choose Your Type Of Protection. Conduct A Through Patent Search. Evaluate Drafting And Filing Costs. Prepare Your Application.