Quote:
Originally Posted by nitneylion452
Something you can do is get a hard copy of your design and mail it to yourself. That serves as proof of when you developed the idea and will hold up in court should someone try to steal your idea. My grandfather called this the "poor man's patent." But this could protect you from potential problems if the idea sneaks out.
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Quote:
Originally Posted by nitneylion452
Does that provisional patent cost as little as a postage stamp and an envelope?
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That's really different from what a patent offers, though.
A patent grants you the exclusive right to commercialize the invention for a fixed period, in exchange for explaining the invention publicly. Someone could challenge a patent, but it's time-consuming, expensive and complicated by issues of legal standing—in other words, a patent is quite valuable to its holder.
By contrast, the postage thing gives you a piece of evidence that can be introduced in civil court, to bolster your claim that you knew of the invention on or before a certain date. The opposing lawyer will likely try to cast doubt upon it: could it be forged, for example? Since the postal service does not keep records of regular mail transactions,
1 it's almost entirely subjective. Even if it is accepted into evidence, all you've demonstrated is that at the time of mailing, you knew something about the invention. That doesn't even indicate that you were the inventor—so you're not going to make an infringement action stick on that basis.
In fact, the real value to the postal technique is as defence against
someone else's infringement suit, targeting you. Assuming the court accepts its provenance, if your sealed letter predates the alleged date of the invention, it is
prima facie evidence of prior art, which defeats an infringement action.
1 Try registered mail or a courier service, next time. (And inquire about how long they maintain their records. Keep the receipt too.)