shop4patents Blog

Question: How can I get a poor man patent for my new invention that I have to get out.

Answer: I am not sure what you mean by a “poor man patent”. There are two types of patents, a utility patent and a design patent. A provisional patent application (PPA) may be what you are referring to but a PPA must be converted into a utility patent application within one year after it is filed. A PPA is not examined for patentability and you cannot get a patent by only filing a PPA. A utility Patent protects useful features (functionality) of an invention. The life of a utility patent is 20 years from its filing date. Utility patent applications offer the most protection for inventions. As stated above, PPAs must be converted to a utility patent within a year after they are filed but if the PPA is converted into a utility patent application within that one year, then the patent application will have the filing date of the PPA which is important to overcome prior art. A design patent protects the decorative characteristics of an invention for 14 years. Design patents can be sought in addition to utility patents because of the different types of protections. If appearance matters most, file a design patent. Covers the shape characteristic of an object. Is intended to protect the ornamental and cosmetic aspects of an invention. Does not cover the function of an object. The amount of protection a design patent gives is based almost entirely from the drawings, not the words.

Question: Do patents work for clothing? If not what does one have to do to keep someone from copying their idea?

Answer: You may be able to patent your idea if it is novel and not obvious. For example, if you create a new type of clothing that nobody else has thought of before then you may be able to obtain a patent on that new type of clothing. Also, if you create a new design, you may be able to obtain a design patent on your creation. This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have and am just discussing the general state of the law with the assumption that you have created a patentable idea and have not disclosed it to anybody or offered it for sale.