License And-Or Hallmark That New Item?

Your firm has actually developed an actually clever new item. Should you apply for a patent, and should you hallmark the product's name? Like so several various other things in life, service, marital relationship and sporting activities, it depends.

Patent a New Product? You can just patent the innovation that went into producing that item or service.

1. Security and Exclusivity: First as well as foremost, getting a license for your development protects against competitors from using it to create identical or similar items. As an example, when Post-it notes appeared, 3M had patented the innovation behind them, and that offered 3M a beneficial monopoly for years. Understand, nonetheless, that the United States Patent Office concerns licenses; they do not impose them. If a company infringes on your license, you will have to protect your patent through civil litigation.

2. Extra Revenue: You can certify your patent to various other companies. While it Invent Help invention idea probably does not make good sense to accredit your patent to a straight rival, you could certify it to business in various other industries and also create a great earnings stream. If the product that utilizes the invention is not generating the wanted sales or profits for your service, you might after that accredit the license - or perhaps market the patent - to produce earnings from it.

3. Much Better Safe than Sorry: If you do NOT apply for a patent, and two or 3 years later on you discover that a firm is using your technology to generate a product or service, you might be sorry for not patenting the technology when you had the chance to do so.

If the license attorney or license representative believes your development can be patented, he will help you through the license application procedure. A patent attorney is a lawyer that specializes in what's called "patent prosecution," the procedure of applying for and also getting a patent. To discover a patent representative or license attorney, utilize our complimentary Patent Agent and also Patent Attorney Referral Service.

Securing Your Innovation: As soon as you have made an application for a license, you must utilize the term "Patent Pending" in your sales literature and also summary of the product. Doing so will basically note your grass, and it might discourage competitors from copying your product.

Hallmark a New Product? Equally as you can not patent a product - you can just patent the technology behind the product you can not trademark an item: You can only hallmark the name (or brand name) of the item. If your new product has an unique name to identify it, you need to most definitely request a trademark if for nothing else factor than to prevent competitors from confusing clients and taking sales from you by utilizing the very same or a similar product identification for their completing product.

If you simply call your new item the Model FHJ-604, after that no trademark is truly required. If, however, you've come up with a name that is one-of-a-kind and also memorable, (the Die Hard ® battery from Sears is a fine example), you ought to most definitely protect your new and innovative product identification.

Speak with a trademark attorney, and if he believes your brand name or product name can be trademarked, apply for the hallmark. When the US Patent as well as Trademark Office concerns you a trademark, it will be a registered trademark, so you will certainly after that position a " ® "after the brand.

Patent versus Trademark: While both licenses and also trademarks are provided by the US Patent as well as Trademark Office, they are really unconnected. A product's modern technology can be patented while the product's name is not trademarked. Or the item name can be trademarked while the item's technology is not patented.

If your product utilizes an unique technology, patenting your invention makes good sense. If you generated a marketable name for your new item, trademarking the name makes sense. Both concerns should be considered separately.

It is worth a few hundred bucks to have a patent attorney or patent agent look at your technology invention patent and also establish if it is worth using for a license. If the patent lawyer or patent agent believes your development can be patented, he will certainly help you via the license application procedure. A patent lawyer is an attorney who specializes in what's called "patent prosecution," the procedure of applying for and also receiving a license. To find a license agent or license lawyer, use our totally free Patent Agent as well as Patent Attorney Referral Service.

Patent versus Trademark: While both licenses and hallmarks are issued by the United States Patent and Trademark Office, they are truly unassociated.