Your company has developed a new product really practical. If filing a patent, and should the brand name of the product? Like so many other things in life, work, marriage and sports, is important.
Patent, a new product? First of all, really can not "patent", a product or a service. You can only patent the innovation that went to create that product or service. The application and obtaining a patent has several advantages.
1. Protection and exclusivity: the advantages andAbove all, avoid a patent for the invention to provide competitors to use for identical or similar. For example, if the Post-it ® Notes came out, 3M has patented the technology behind it, and that 3M has a monopoly on precious for many years. Understand, however, that the U.S. Patent Office grants patents, are not enforceable. So, if a company violates the patent, you must defend your patent until litigation.
2. Additional income: You can licenseYour patent to other companies. Although it may not make sense, the patent license for a direct competitor, can be licensed to companies in other sectors and create a nice source of revenue. If the product is not an invention, the desired revenue or profits for your business, you could then license the patent - or even sell the patent to generate - the revenue.
3. Better safe than sorry: If you apply for a patent and two or three yearssee that a company uses your innovation to the production of a product or service, you can not repent of patenting the technology, if you had the opportunity to do so.
Is your invention patentable? It's worth having a few hundred dollars for a patent lawyer or patent attorney look at your innovation and to determine whether it is worth it, he is applying for a patent. If the patent attorney or patent attorney believes your invention is patentable, will be for the patent application will help youProcess. A patent attorney is a lawyer who specializes in so-called "patents", the process of applying for and receiving a patent. A patent attorney is not a lawyer, but a recognition for the front of the U.S. Patent and Trademark Office practice. To find a patent attorney or patent agent to use our Free Patent Agent and Patent Attorney Referral Service.
Protect your innovation: After registering for a patent, you should useTerm "Patent Pending" in your brochure and product description. This is essentially your brand of turf, and it could also prevent competitors from copying your product.
Trademark, a new product? So as you can not patent a product - you can only patent the innovation behind the product, we can brand a product, you can only trademark the name (or brand) of the product. If your new product is to identify a unique name, you should ask a trademark, ifto avoid for no other reason than its competitors to confuse customers and stealing sales from you with the same or a similar product for the identification of the competing product.
If you simply call your new product, the model FHJ-604, then the mark will not be really necessary. However, if you by a name, unique and memorable have to do (Drums ® at Sears Die Hard is a good example) you should definitely protect your identification of new and innovative products.
Consultprotected by a trademark lawyer, and if you think of your brand or product names may be for the brand. After the U.S. Patent and Trademark Office issues a mark is a registered trademark, so who will be one ® "" after the brand.
Patent versus brand: While both patents and trade marks are granted by the U.S. Patent and Trademark Office, are truly independent. A technology of the product can be patented, as the name of the product is a registered trademark.Or the name of the product can be protected, while the technology of the product is not patented. Sears filed a trademark of "Die Hard", but there are patents on the battery connected. Although the image created by the mark, there is nothing special, innovative and unique on ® Die Hard battery. 3M filed a trademark for the "post-it" and the patented technology behind the product.
If the product uses a proprietary technology, patent your invention is useful. If you came with aMarketable name for the new product, the trademark law, the name has meaning. But both issues must be considered separately.
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