Your company has actually created a truly cool new item. Should you file for a license, and also should you hallmark the product's name? Thus numerous other points in life, organization, marriage and sports, it depends.
Patent a New Product? You can only patent the technology that went into developing that item or solution.
1. Protection and also Exclusivity: First and also foremost, obtaining a patent for your creation prevents rivals from using it to produce similar or similar products. When Post-it notes came out, 3M had actually patented the technology behind them, as well as that offered 3M an important syndicate for lots of years. Understand, however, that the United States Patent Office issues licenses; they do not enforce them. If a business infringes on your patent, you will have to defend your patent with civil Happy.
While it probably does not make feeling to accredit your license to a straight competitor, you could accredit it to business in various other industries and also create a great profits stream. If the product that utilizes the creation is not producing the wanted sales or profits for your organization, you could after that certify the patent - or also sell the patent - to create earnings from it.
3. Better Safe than Sorry: If you do NOT apply for a patent, and also two or three years later on you uncover that a company is utilizing your advancement to produce a services or product, you may regret not patenting the technology when you had the possibility to do so.
Is Your Invention Patentable? It is worth a couple of hundred dollars to have a patent attorney or license agent check out your innovation and identify if it deserves applying for a license. If the license attorney or patent representative believes your innovation can be patented, he will certainly help you through the license application process. A license lawyer is an attorney who focuses on what's called "patent prosecution," the process of making an application for and obtaining a patent. A license agent is not an attorney, but is accredited to practice before the US Patent as well as Trademark Office. To find a patent representative or license attorney, utilize our complimentary Patent Agent and also Patent Attorney Referral Service.
Shielding Your Innovation: As soon as you have requested a license, you should make use of the term "Patent Pending" in your sales literature and summary of the item. Doing so will essentially note your lawn, as well as it might dissuade competitors from duplicating your item.
Trademark a New Product? Equally as you can not patent a product - you patent an invention can only patent the technology behind the product you can not trademark a product: You can just trademark the name (or brand name) of the item. If your new item has a distinct name to identify it, you need to most definitely make an application for a hallmark if for no other reason than to stop competitors from perplexing consumers and also stealing sales from you by using the same or a comparable product identification for their competing product.
If you simply call your new product the Model FHJ-604, then no hallmark is actually required. If, nevertheless, you've come up with a name that is special as well as remarkable, (the Die Hard ® battery from Sears is a fine example), you ought to definitely protect your brand-new as well as cutting-edge product identification.
Seek advice from a hallmark attorney, and if he believes your brand or item name can be trademarked, get the trademark. As Soon As the United States Patent and Trademark Office problems you a trademark, it will certainly be a signed up hallmark, so you will certainly after that position a " ® "after the brand name.
Patent versus Trademark: While both licenses and trademarks are released by the United States Patent as well as Trademark Office, they are actually unconnected. A product's innovation can be patented while the product's name is not trademarked. Or the product name can be trademarked while the product's technology is not patented.
If your product uses an unique modern technology, patenting your creation makes good sense. If you thought of a marketable name for your new product, trademarking the name makes good sense. Both issues must be considered independently.
It is worth a couple of hundred dollars to have a patent attorney or patent representative look at your development and figure out if it is worth using for a patent. If the license lawyer or patent agent thinks your invention can be patented, he will help you with the license application process. A license attorney is an attorney that specializes in what's called "license prosecution," the process of applying for and also obtaining a patent. To find a patent representative or patent lawyer, use our cost-free Patent Agent as well as Patent Attorney Referral Service.
Patent versus Trademark: While both patents and also trademarks are released by the US Patent as well as Trademark Office, they are actually unrelated.