License And-Or Hallmark That New Item?

Your firm has actually developed a truly nifty brand-new product. Should you apply for a patent, and also should you hallmark the product's name? Like so lots of other things in life, business, marital relationship and also sports, it depends.

Patent a New Product? You can just patent the development that went into creating that item or solution.

1. Protection and also Exclusivity: First as well as foremost, getting a patent for your invention avoids rivals from using it to produce the same or comparable items. As an example, when Post-it notes appeared, 3M had actually patented the innovation behind them, which gave 3M a valuable syndicate for many years. Understand, nevertheless, that the US Patent Office problems licenses; they do not impose them. If a business infringes on your patent, you will certainly have to safeguard your license with civil litigation.

While it most likely does not make sense to certify your patent to a straight rival, you might license it to firms in other sectors and also create a wonderful earnings stream. If the product that makes use of the development is not generating the desired sales or revenues for your company, you might after that certify the license - or even offer the patent - to produce revenue from it.

3. Better Safe than Sorry: If you do NOT obtain a patent, as well as 2 or three years later on you uncover that a company is utilizing your technology to generate a product and services, you might be sorry for not patenting the modern technology when you had the opportunity to do so.

If the patent lawyer or license representative believes your development can be patented, he will certainly aid you via the patent application process. A license lawyer is a lawyer that specializes in what's called "patent prosecution," the procedure of applying for and receiving a patent. To find a patent representative or patent lawyer, use our free Patent Agent and Patent Attorney Referral Service.

Protecting Your Innovation: As soon as you have applied for a patent, you must utilize the term "Patent Pending" in your sales literature and also summary of the product. Doing so invention patent will essentially mark your lawn, and also it might discourage rivals from replicating your product.

Hallmark a New Product? Just as you can not patent an item - you can just 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 new item has an one-of-a-kind name to identify it, you ought to absolutely get a trademark if for nothing else factor than to avoid competitors from perplexing consumers and also swiping sales from you by utilizing the very same or a similar item identification for their completing product.

If you merely call your new item the Model FHJ-604, then no trademark is really needed. If, nevertheless, you've created a name that is distinct and also remarkable, (the Die Hard ® battery from Sears is a good example), you need to most definitely protect your brand-new and also ingenious item identification.

Seek advice from a hallmark lawyer, and also if he believes your brand name or product name can be trademarked, get the trademark. When the US Patent as well as Trademark Office concerns you a hallmark, it will certainly be a signed up trademark, so you will certainly then place a " ® "after the brand.

License versus Trademark: While both licenses and hallmarks are provided by the United States Patent and Trademark Office, they are truly unconnected. A product's modern technology can be patented while the product's name is not trademarked. Or the product name can be trademarked while the product's modern technology is not patented. Sears applied for a trademark for "Die Hard" yet there are no licenses associated with the battery. Regardless of the picture developed by the brand name, there is second best, ingenious or unique about a Die Hard ® battery. 3M filed for a trademark for "Post-it" and likewise patented the technology behind the item.

If your product makes use of a distinct modern technology, patenting your innovation makes good sense. If you thought of a marketable name for your new product, trademarking the name makes good sense. But both issues must be taken into consideration separately.

It is worth a few hundred dollars to have a license attorney or patent agent look at your development as well as establish if it is worth applying for a patent. If the patent attorney or patent agent believes your innovation can be patented, he will aid you through the patent application process. A patent lawyer is a lawyer that specializes in what's called "patent prosecution," the process of applying for Invent Help invention idea as well as obtaining a license. To locate a license agent or patent lawyer, use our totally free Patent Agent as well as Patent Attorney Referral Service.

License versus Trademark: While both patents and hallmarks are released by the US Patent as well as Trademark Office, they are truly unconnected.