Determine the type of Intellectual Property protection that you need. In filing a patent application and paying required fees, the USPTO provides forms and an electronic filing tool.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). Provisional patent applications are unexamined documents used to establish a filing date. A provisional patent application allows you to file without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. Use this overview to familiarize yourself with the patent application system and the steps you will need to take to gain approval for your patent. What Type of Patent Should You Choose? Patent prosecution in Texas involves securing a patent from the US Patent and Trademark Office (USPTO) to protect an inventor's unique creation or idea. Filing a patent in the city of Houston, Texas, or any location in the United States entails several vital processes.