intellectual protection - patents, copyrights, logos and trademarks
There are several things to protect when starting an
invention. An inventor will want to protect the name or the product.
This is known as a trademark. An inventor will want to protect
materials written about an invention. This is known as a copyright.
An inventor will want to protect the design or purpose of an invention.
This is known as a design or utility patent.
COPYRIGHT
Copyright protects written documents. At the bottom of this page, is a
copyright symbol, which includes the symbol itself - a C inside a circle, a
date and optionally the copyrighting party's name. A copyright does
not have to be registered with any government agency. Simply placing
the copyright terms on a page protects it. When it is in place, no one
can copy the written material.
TRADEMARK
A trademark is a brand name for a product or company. It is intended
to identify a product, service or company. A trademark is
recognized by people and then associated with a product or company.
This is known as branding. A brand becomes critical for product
recognition so selection is important. A trademark that people do not
think is appropriate or they do not like the appearance of becomes a
negative to a business and product. A trademark or service mark
includes any word, name, symbol, device, or any combination of these.
Brands are used on stationary, websites, packaging, business cards, the
product itself, storefronts and other business tools. As recognition
of a brand grows, subsequent products can benefit, as they will have
association with previous products. It is important to create a
trademark the represents a business and conveys a positive image.
Feedback from others and even focus groups help to assure a trademark is
good or bad.
To get a trademark, first, a search is completed to
see if someone else has rights to the trademark. If someone else has
registered a trademark through the USPTO, United States Patent and Trademark
Office, a person cannot use it. A trademark a person registers must be
used for a viable item or company, If it is not used, rights to it will be
lost.. A person needs to prove usage in a specified amount of time
after acceptance of a trademark. A person cannot just register a name and
not use it. Proof of use will be required with a specified time
period. A person can do an initial search on his or her own.
Several legal websites offer searches i.e. a person plugs in the term and
press search. An inventor can search at the USPTO directly as well.
See link below
LOGO
A logo is another way to
create an identity for a company. A logo does not have to be a
trademark but it can be a trademark. A company can have a separate
logo and trademark or they can be one and the same.
It is advised but not required to complete a patent search prior to applying
for a patent. It is expensive to apply for a patent and if a patent
search and review dictates that a person probably will not get a patent,
they should not waste time and money applying for one.
A patent is a license issued by a country that gives a person the sole right to their idea. A patent in one country does not make it good in other countries. A patent must be applied for in each country for protection. Who gets a patent is further decided by who is the first to apply for the patent. It is important to apply as early as possible so a person can obtain rights to a patent, however, a person needs to be thorough and complete the patent properly. Applying for a design or utility patent requires an application and drawings.
Patent drawings have very specific requirements so most often using a professional draftsman is important. A person can apply for a patent on their own directly by using the USPTO, the United States Patent and Trademark Office, or they may apply online. Applying online requires documents be certain formats such as Adobe pdf. The USPTO website will help guide a person through the process of applying. The reality is that language in a patent is critical to covering the concepts required. A person can learn the language but if it is not used, the cover will be diminished and others will work around what a person has invented. For example here is common terminology in a patent:
The foregoing has outlined the more pertinent and important features of the present invention in order that the detailed description of the invention that follows may be better understood, and the present contributions to the art may be more fully appreciated. It is of course not possible to describe every conceivable combination of components and/or methodologies, but one of ordinary skill in the art may recognize that many further combinations or permutations are possible. Accordingly, the novel architecture described below is intended to embrace all such alterations, modifications, and variations that fall within the spirit and scope of the appended claims.
It is best to use a patent attorney or a patent agent
when applying for a patent. If a person cannot afford to apply for a
patent, then they usually apply for a provisional patent, which can later be
converted to a patent. There are three types of patents including utility,
design and plant. A utility patent is for a specific area and lasts
twenty years. A design patent is an ornamental design and lasts for
fourteen years. Note that "Patent Pending" only means someone has
applied for a patent and not that have a patent.
TIME TO COMPLETE
It can take a long time to receive a patent. From the time of the
application, it usually takes eighteen months to years to complete.
Usually, a patent is rejected the first time and must be argued for.
There are quicker methods to get a patent for a small entity. A patent
attorney or the patent office can give advise on how to do it.
COST TO PATENT
Patents can be expensive especially when a patent attorney is utilized. It is not uncommon for the cost to be $5,000 - $15,000. It is difficult to get a patent without a patent attorney.
PROVISIONAL PATENT
A less expensive method of getting protection for an idea while a person is evaluating it is the provisional patent. A person files for a provisional patent, which covers them for a one year. At the end of one year, they must either abandon the idea or apply for the patent. The cost to apply is only $130 for small entities and individuals and $260 for larger companies.
The advantage to applying for a provisional patent prior to applying for patent is several fold. First, a person can do research to see if their idea is a good one and there is interest from potential customers or companies who want to license an idea. It allows a person to go through the steps described on this website with protection of their idea. Second, a person can make improvements of changes to the application within the bounds of the principle stated in the application. A person will improve on their original idea as time goes on. It will make the product better or allow for better protection. Remember, it is important to think of various ways others will try to work around your invention so you can cover that option in your application. For example, if a person applied for a patent to open a door for a container with a hinge on the bottom of the door and someone put a hinge on the top instead, they have worked around the person. The person needs to cover a hinge on the top and a hinge on the bottom
JOURNAL
Most inventors like to keep a daily journal of their work to protect their ideas. A journal is important if legal action is ever required. If person has worked on an idea over a long period of time, they usually have the rights to continue working or a at least using the item even if someone else patents it. A journal, dated email, dated video, witnesses are important sources to prove a person has worked on something prior to someone else.
DO I NEED TO PATENT? click on the link below to see discussion on this topic
For more detailed information on patents visit the
USPTO website by clicking on the link below.
http://www.uspto.gov/patents-getting-started/general-information-concerning-patents
Trademark search
http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4801:532rmk.1.1
Trademark Application USPTO - electronic filing available
http://www.uspto.gov/trademarks-application-process/filing-online