I need to get a patent on my idea....but before i take my invention to a company, i want to make sure that my idea is somewhat secure. If I write my whole idea/invention down and mail it to myself, will that be legitimate enough (until i get the ball rolling)?
2006-11-03 06:20:35 · 4 answers · asked by Kalinka 3 in Politics & Government ➔ Law & Ethics
No, the envelope thing is an urban myth.
In the U.S., unlike other countries, the first person who conceives of an invention gets the patent on it. However, that conception has to be followed by due diligence to reduce it to practice. Filing a patent application is considered reducing it to practice.
More info:
http://patentpending.blogs.com/patent_pending_blog/2004/11/the_poor_mans_p.html
2006-11-03 06:40:25 · answer #1 · answered by Anonymous · 2⤊ 1⤋
No, but in the U.S. getting to the USPTO right away is not the key issue unless you know that there are others practicing in this art. Patent protection only comes through registration, but it is first to INVENT, not first to REGISTER that determines priority in this country. Thus, the "poor man's patent" may help with proof of the date in which you created your invention (in case someone else comes along to allege an earlier date) but it will not give you any legal protection whatsoever. You could do the same just by keeping good records and notes of your invention: (this from the AIPLA website):
Before actually applying to the Patent and Trademark Office there are several important preliminary steps that should be followed to prevent possible loss or damage to future patent rights. One of the most important of these preliminary steps is proper record keeping. Since United States patents are granted to the first inventor, it may become necessary to prove when the invention was made. This is best accomplished by making a complete record of the invention from the first idea right up through development of commercial products. The invention record should clearly describe the invention with words and pictures (photographs, sketches, drawings, etc.) and should explain fully how it operates or is used. Each page of invention record should be signed and dated in ink by the inventor. The record should also be reviewed as it is made by at least one other trustworthy person who is capable of understanding the invention, who should sign and date the record under the notation read and understood by. . . .
The USPTO also has provisional patent applications to establish a priority date. Check out the following websites.
Do not mail to the patent office. This isn't like Copyright. They won't do anything with it. Don't mail it to an attorney unless you already have an attorney. They also won't know what to do with it.
2006-11-03 06:31:44 · answer #2 · answered by Perdendosi 7 · 2⤊ 0⤋
Get ideas or papers of your invention(s) and get them notorized, then send it certified. Also, I learned in art class myself as another mentioned, do not open the letter!! I also ,learned that for about $10 (probably more now)you can patent an IDEA...but you have 1 year to get it into production.
I did a "Poor Mans" Patent by mailing myself my invention. I did this before sending my invention to Davidson Inventions with a mock up and with specs of my invention. I was told by Davidson Inventions-that they were looking for car or baby inventions!! I had/have a billion $ industry invention and they stuck they noses up at it. Then I find that my invention, not as good as my invention, being put out on the shelves by both Kotex and Stayfree!!
Protect yourself, really because if you don t they will and do take your inventions! Keep up with all your great inventions America, that you can make it better!!
2015-03-23 05:42:19 · answer #3 · answered by Joy 1 · 1⤊ 0⤋
For the best answers, search on this site https://shorturl.im/au0bP
Several reasons: 1) It sounds like a cheap, practical solution. It's plausible, involves a trusted government agency, not a bunch of slimy, shady lawyers. 2) At one time it would have been good enough to settle a dispute, without necessarily needing to have the full sanction of law behind it. Nowadays the slimy lawyers wouldn't even blink at it--it's like trying to stop a freight train with a skipping rope. 3) Hasbeen/neverwere authors who are reduced to scraping by on "workshops" and "retreats" and "critiquing circles" etc. infect...um I mean pass on....nuggets of "wisdom" to the only people who still take them seriously, often eager, unquestioning newbies who don't double check. 4) The internet has turned #3 into a global phenomenon with misinformation and half-assed folk wisdom speeding around the world in a heartbeat.
2016-04-01 00:33:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No. It's too easy to fake.
From first source: "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."
2006-11-03 06:34:21 · answer #5 · answered by Chris J 6 · 0⤊ 0⤋
Go online, to the U.S. Patent Office, and look up the "Disclosure Document Program".
2006-11-03 06:42:15 · answer #6 · answered by Anonymous · 0⤊ 1⤋
mail it to the patent office and a patent lawyer as well....that way you have documentation should legal issues arise about anything
2006-11-03 06:23:30 · answer #7 · answered by badjanssen 5 · 0⤊ 0⤋
mail it to yourself via registered mail, do not open it. registered mail is sealed and stamped unlike certified mail.
2016-07-01 08:34:49 · answer #8 · answered by Dan 1 · 0⤊ 0⤋
yes, i learned about that in art class. the idea is to never open the envelope unless you have a judge do it in court. the envelope has the postmark date, so they'll know it was done by that date.
2006-11-03 06:24:17 · answer #9 · answered by april_hwth 4 · 0⤊ 2⤋
to have something in a certified letter of your idea is better then to have nothing ...
2014-12-22 18:16:17 · answer #10 · answered by Ray 1 · 0⤊ 0⤋