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.
Technically, yes, you can sell an idea to a company without a patent.
Under the “first to file” system, there exists no value in obtaining a Poor Man's Patent since it now only matters who filed for the patent first and not who came up with the idea first. Essentially, a Poor Man's Patent has about as much value today as the postage affixed to the envelope.
Types of patents. There are three types of patents: utility, design and plant. Utility and plant patent applications can be provisional and nonprovisional. Provisional applications may not be filed for design inventions.
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.
The invention must be statutory (subject matter eligible) The invention must be new. The invention must be useful. The invention must be non-obvious.
Utility patent application: may be filed by anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
It usually takes between 5-10 years for the President at the National Institute of Industrial Property (INPI) to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete INPI will issue a Certificate of Registration.
To file a patent in Brazil, it must be processed in The Brazilian entity of patents is the National Institute of Industrial Property (INPI). This is the official government body responsible for Industrial Property rights in Brazil being a federal autarchy of the Ministry of Industry, Foreign Trade and Services.