Your company has actually developed a really great brand-new product. Should you apply for a patent, and should you hallmark the product's name? Thus several various other things in life, service, marriage as well as sporting activities, it depends.
License a New Product? First off, you can not really "patent" a product inventions ideas or service. You can only patent the technology that went into developing that product and services. Looking for and obtaining a license has numerous benefits.
1. Security and Exclusivity: First and leading, getting a patent for your innovation protects against rivals from using it to produce the same or similar products. When Post-it notes came out, 3M had patented the innovation behind them, as well as that offered 3M a valuable monopoly for numerous years. Understand, nevertheless, that the United States Patent patent an idea Office issues patents; they do not enforce them. If a business infringes on your patent, you will certainly have to protect your patent with civil Excited.
2. Additional Revenue: You can accredit your patent to other organizations. While it probably does not make sense to accredit your patent to a direct rival, you could accredit it to firms in other markets and develop a wonderful profits stream. If the item that uses the development is not generating the desired sales or revenues for your business, you could then certify the patent - or even market the license - to generate income from it.
3. Much Better Safe than Sorry: If you do NOT look for a license, and also 2 or 3 years later you discover that a business is using your technology to create a product and services, you may be sorry for not patenting the modern technology when you had the chance to do so.
If the patent attorney or license agent thinks your invention can be patented, he will assist you through the patent application procedure. A patent lawyer is a lawyer who specializes in what's called "license prosecution," the procedure of applying for and also obtaining a license. To discover a patent representative or license attorney, utilize our cost-free Patent Agent and also Patent Attorney Referral Service.
Shielding Your Innovation: As soon as you have actually made an application for a patent, you ought to use the term "Patent Pending" in your sales literary works and also summary of the product. Doing so will essentially mark your turf, and also it may inhibit competitors from copying your product.
Hallmark a New Product? Just as you can not patent a product - you can only patent the technology behind the product you can not trademark an item: You can just trademark the name (or brand) of the product. If your brand-new product has an unique name to determine it, you ought to definitely obtain a trademark if for nothing else reason than to prevent competitors from perplexing consumers as well as swiping sales from you by using the same or a similar item recognition for their contending item.
If you merely call your brand-new item the Model FHJ-604, then no hallmark is really needed. If, nonetheless, you've created a name that is distinct and also unforgettable, (the Die Hard ® battery from Sears is a fine example), you need to certainly shield your brand-new and also innovative item identification.
Consult with a trademark attorney, and if he thinks your brand or item name can be trademarked, obtain the trademark. As Soon As the United States Patent and Trademark Office problems you a trademark, it will certainly be a registered hallmark, so you will certainly after that place a " ® "after the brand name.
Patent versus Trademark: While both patents as well as hallmarks are issued by the US Patent and also Trademark Office, they are really unassociated. An item's technology can be patented while the item's name is not trademarked. Or the product name can be trademarked while the item's technology is not patented.
If your product utilizes a special technology, patenting your innovation makes sense. If you developed a valuable name for your new item, trademarking the name makes sense. However both concerns ought to be taken into consideration separately.
It is worth a couple of hundred bucks to have a license attorney or license representative appearance at your technology as well as figure out if it is worth using for a patent. If the license lawyer or patent representative http://edition.cnn.com/search/?text=inventors thinks your innovation can be patented, he will help you via the license application process. A license attorney is a lawyer who specializes in what's called "license prosecution," the process of using for and also receiving a license. To discover a license representative or license attorney, utilize our totally free Patent Agent as well as Patent Attorney Referral Service.
License versus Trademark: While both licenses and hallmarks are issued by the United States Patent and also Trademark Office, they are truly unassociated.