Poor man's patent- an unfortunate myth

A patent protects an invention, and gives an exclusive right to the benefits of an invention. It is possible for an individual inventor to file a patent themself. We do not recommend this, as a poorly drafted patent is basically worthless. If your invention is worth protecting, then it is a wise investment to spend several thousand dollars and use a patent law firm- you will have much stronger patent protection.

Additionally, common myths such as the "poor man's patent" and common law patent protection do not protect an invention. A "poor man's patent" is essentially an urban legand that claims by writing a description of your invention, and mailing it to yourself or someone else by mail or certified mail, will protect your invention. This is not true at all, and can in fact hurt your later patent rights.

Sending a a certified letter sent to yourself or someone else can legally only prove one thing- that you sent a letter to yourself or someone else. It does not prove what is inside the envelope itself, and will not stand up in any court or before the USPTO.

A "poor man's patent" is an unfortunate myth that many believe. It can also harm you in the future, as an inventor must be dilligent in pursuing an invention. Taking no action, which could be shown by only having a so-called poor man's patent could show that you have not pursued your invention, have abandoned it, or even concealed it- all which could pose problems in the future if you attempt to obtain a valid patent. In short: there is no such thing as a poor man's patent that can protect your invention.

For a free intellecutal property consultation, please contact us online, or call us at 310-277-0444.

InventionPatent.Net- An intellectual property information resource for patents, trademarks, and copyrights, written and edited by Owen Smigelski, Esq.

As in-house counsel, I cannot provide legal advice or information to individual clients.
I recommend consulting with:
Raymond Wagenknecht
Biotech Beach Law Group PC
Toll Free: 886-875-9562
Tel: 619-238-1179
www.biotechbeachlaw.com