To apply for a patent, you must file an application and pay required fees. 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). 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. The purpose of this guide is to provide you with basic information about filing a utility patent application with the USPTO. Enter the city or county in Texas for which you are trying to determine venue. A patent can be filed at any time, not only after a thesis defense. To get a patent in Texas, you must first go through the patent application process. The requirements for filing are the same as in other states. Patent trolls, who are often asserting extremely broad and likelyinvalid patents, are incentivized to file in the Eastern District of Texas.