Patent applications: the three criteria Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application. Inventive step. This means that your product or process must be an inventive solution. Industrial applicability.
The Patent Application Process A patent law attorney should be sought out to secure a patent. Applications are submitted to the United States Patent and Trademark Office (USPTO).
The Poor Man's Patent Is Obsolete Because of the change from a first-to-invent system to a first-to-file system, even the reasoning behind a poor man's patent is now obsolete. Being the first to invent will no longer save you is someone else filed first.