
Ever since law school I have been asked about the "Poor Man's Patent".
The only way to protect the novelty of an invention such as novel devices, business methods, and unique designs through patent law is to file a patent application. It would simply establish a date of conception or reduction to practice for the invention which may be important in subsequent patent prosecution or patent litigation.
Poor Man's Patent
I really don't recommend a do-it-yourself patent to protect an invention.
However, if your idea is worth getting a patent for then the last thing you want to do is to file your own patent application.
So let's assume that your great new idea is worth getting a patent.
Let's begin with the patent search.
When you apply for a patent to the USPTO they will do a world-wide patent search. If you search only the US patent database there is a very good chance your patent will be denied due to a patent filed in a foreign country. Professional patent examiners use what the patent office calls a classification system. Nowadays a patent search done by your patent attorney, whom he subs out to a professional searcher, will cost around $500. As soon as I came up with the idea, we had our patent attorneys a patent search establishing the rough date that it was thought of.
So my advice is to first figure out if you really need a patent, then do a patent search, and finally file for a provisional patent. And most importantly get a good patent attorney.
In my experience it generally takes 2 or 3 years to get a patent with a few battles with the patent examiners.
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