A “poor man’s patent” has been thought to be a cheap and quick way of securing rights to an invention. But what is a poor man’s patent?

A ‘Poor Man’s Patent’ Defined 

The phrase “Poor Man’s Patent” is used to describe the process of mailing a postmarked written description of an invention to oneself as evidence of the date that the invention was conceived. The idea behind this is that the postmarked envelope may be used against a third party who claims that they conceived of the invention first. 

Is A ‘Poor Man’s Patent’ A Myth?

Prior to 2013, the United States operated under a “first to invent” system. There was the thought that the poor man’s patent would serve as proof of the first conception of an invention under this system. In 2013, the America Invents Act came into effect and changed the US patent system from a “first to invent” to a “first to file” system. This means that the first inventor to file a patent application is given priority in relation to obtaining patent protection. 

A “Poor Man’s Patent” is not a means of securing patent rights. The only way to obtain patent protection in the United States is by filing a patent application with the United States Patent and Trademark Office (USPTO). 

How a Provisional Patent May Help 

If budget is a concern at the outset, filing a provisional patent application is a means of securing a filing date (and patent pending) for a lower cost than going straight to a non-provisional application. With a provisional application filed, there is room to further develop the invention, make efforts to bring the invention to market, or secure a deal. The provisional patent application is never examined and is only valid for 12 months. In order to maintain the filing date and priority provided by the provisional patent application filing date, a non-provisional application must be filed prior to the expiration of the provisional patent application.

There is a misconception that a provisional application only requires a very broad description of the invention but this, like the poor man’s patent, is a myth. To establish entitlement to the earlier filing date of a provisional patent application, the provisional patent application must include “a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.” 35 U.S. Code § 112. Failure to meet this enablement requirement may result in the loss of the priority date.

A Patent Attorney Can Help Guide You in the Right Direction

The patent process is a complex process. An incorrect submission or an improperly drafted application can potentially result in a lost opportunity to secure protection for your invention. Working with an experienced team of New York City patent lawyers who can guide you through the process of protecting your inventions in the United States and in foreign jurisdictions is the first step toward success.

Book a meeting with a New York City Patent Attorney to discuss your intellectual property infringement matter.