Your corporation has created a actually nifty new item. Should really you file for a patent, and should really you trademark the product's name? Like so a large number of other factors in life, business, marriage and sports, it depends.
Patent a New Product? Initial of all, you can't essentially "patent" a item or service. You can only patent the innovation that went into developing that item or service. Applying for and receiving a patent has numerous positive aspects.
1. Protection and Exclusivity: Initial and foremost, getting a patent for your invention prevents competitors from making use of it to make identical or comparable goods. For example, when Post-it® notes came out, 3M had patented the technology behind them, and that gave 3M a useful monopoly for several years. Comprehend, on the other hand, that the US Patent Workplace concerns patents they do not enforce them. So if a firm infringes on your patent, you will have to defend your patent through civil litigation.
2. Additional Income: You can license your patent to other corporations. Even though it in all probability does not make sense to license your patent to a direct competitor, you could license it to businesses in other industries and generate a nice income stream. If the item that utilizes the invention is not creating the desired sales or earnings for your home business, you could then license the patent - or even sell the patent - to generate income from it.
three. Improved Secure than Sorry: If you do NOT apply for a patent, and two or three years later you discover that a business is working with your innovation to produce a item or service, you could possibly regret not patenting the technology when you had the opportunity to do so.
Is Your Invention Patentable? It is worth a couple of hundred dollars to have a patent lawyer or patent agent appear at your innovation and establish if it is worth applying for a patent. If the patent lawyer or patent agent believes your invention can be patented, he will assist you via the patent application procedure. A patent lawyer is an attorney who specializes in what's named "patent prosecution," the procedure of applying for and receiving a patent. A patent agent is not an attorney, but is licensed to practice prior to the US Patent and Trademark Office. To get a patent agent or patent attorney, use our absolutely free Patent Agent and Patent Attorney Referral Service.
Protecting Your Innovation: As soon as you have applied for a patent, you really should use the term "Patent Pending" in your sales literature and description of the product. Carrying out so will essentially mark your turf, and it could possibly discourage competitors from copying your item.
Trademark a New Product? Just as you cannot patent a product - you can only patent the innovation behind the product you can not trademark a item: You can only trademark the name (or brand) of the item. If your new product has a one of a kind name to identify it, you should certainly absolutely apply for a trademark if for no other reason than to avoid competitors from confusing shoppers and stealing sales from you by utilizing the very same or a comparable item identification for their competing item.
If you basically call your new item the Model FHJ-604, then no trademark is genuinely required. If, still, you have come up with a name that is unique and memorable, (the Die Hard® battery from Sears is a good example), you really should most certainly protect your new and innovative item identification.
Consult with a trademark attorney, and if he believes your brand or item name can be trademarked, apply for the trademark. As soon as the US Patent and Trademark Workplace problems you a trademark, it will be a registered trademark, so you will then place a "®" just after the brand.
Patent versus Trademark: While both patents and trademarks are issued by the US Patent and Trademark Office, they are certainly unrelated. A product's technology can be patented although the product's name is not trademarked. Or the item name can be trademarked even though the product's technology is not patented. Sears filed for a trademark for "Die Challenging" but there are no patents related to the battery. Regardless of the image designed by the brand, there is nothing unique, innovative or exceptional about a Die Hard® battery. 3M filed for a trademark for "Post-it" and also patented the technology behind the item.
If your product utilizes a special technologies, patenting your invention makes sense. If you came up with a marketable name for your new item, trademarking the name makes sense. But each problems need to be deemed separately.
No comments:
Post a Comment