Legal Question in Intellectual Property in Texas

Do i have to submit a product design to make a provisional patent, or is there a way that i can patent an idea?


Asked on 1/19/11, 7:02 am

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Yes and yes. If the "idea" you want to "make a provisional patent" (which you probably mean "to file as a provisional utility patent application" or "PUPA"as there is no such thing as a "provisional patent") is susceptible of a drawing, a drawing is required. If not, such as a chemical method, then "examples" are required in lieu of drawings. In metallurgical cases, microphotographs are used in lieu of drawings. Yes, you can patent an idea if you can describe the best mode you have of making your idea with sufficient specificity to enable a hypothetical person having ordinary skill the relevant arts to make your invention, otherwise not. However, PUPAs are only examined as to formalities, so you could file a deficient PUPA, having the necessary forms, spec, and dwg and get a PUPA filing date and the right to call your idea "patent pending" even though no valid patent would issue as a result of that PUPA, but it would be mostly just a legal "bluff" as any good patent attorney would like see through the bluff and advise a client to ignore it. So, to avoid that you need a good patent attorney to write your PUPA so it is at least an effective bluff if not something on which to base a regular utility patent application (RUPA) or delayed utility patent application (DUPA) under the 24 month pilot program. If you don't understand each of the preceding sentences you have no business trying to file any of these and need to hire a registered patent attorney such as myself (I am licensed in Texas, and was raised in Texas and went to law school at Hook Em Horns U) or one of my esteemed colleagues.

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Answered on 1/31/11, 8:49 am


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