The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
The cheapest way to get a trademark is to file a state trademark application, which is typically less expensive than a federal trademark application.
Length of Protection: Patents are granted for a limited time (typically 20 years), while trademarks can last indefinitely if used continuously and maintained properly. Who They Protect: Patents protect the rights of inventors, while trademarks protect the reputation and goodwill of a business.
Under the “first to file” system, there exists no value in obtaining a Poor Man's Patent since it now only matters who filed for the patent first and not who came up with the idea first. Essentially, a Poor Man's Patent has about as much value today as the postage affixed to the envelope.
The Poor Man's Patent Is Obsolete Being the first to invent will no longer save you is someone else filed first. So even if you did write out the idea for your invention and mailed it to yourself, that date would not matter.
With trademarks, the entire process can be completed online pretty easily, even if you do it yourself without hiring an attorney.
The cheapest way to get a trademark is to file a state trademark application, which is typically less expensive than a federal trademark application.