Your firm has developed a really awesome new product. Should you apply for a patent, as well as should you hallmark the product's name? Like so several various other points in life, company, marital relationship and sports, it depends.
Patent a New Product? First of all, you can not in fact "license" a product or service. You can just patent the technology that went into producing that product and services. Requesting as well as obtaining a patent has numerous advantages.
1. Protection as well as Exclusivity: First and foremost, getting a license for your invention avoids competitors from using it to create the same or comparable items. When Post-it ® notes came out, 3M had actually patented the innovation behind them, as well as that provided 3M a valuable monopoly for lots of years. Understand, nevertheless, that the United States License Workplace issues patents; they do not implement them. So if a firm infringes on your patent, you will certainly need to defend your patent through civil lawsuits.
While it most likely does not make sense to license your patent to a direct rival, you might license it to companies in various other markets as well as develop a wonderful revenue stream. If the product that uses the innovation is not creating the desired sales or earnings for your service, you could after that accredit the license - or also offer the license - to create revenue from it.
3. Better Safe than Sorry: If you do NOT look for a patent, and also two or three years later on you find that a firm is utilizing your technology to produce a services or product, you may be sorry for not patenting the modern technology when you had the possibility to do so.
If the patent attorney or license representative thinks your development can be patented, he will certainly help you with the patent application process. A patent lawyer is an attorney who specializes in what's called "patent prosecution," the procedure of applying for and receiving a patent. To discover a patent representative or patent attorney, utilize our cost-free Patent Agent as well as Patent Attorney Referral Service.
Safeguarding Your Technology: As soon as you have gotten a patent, you should use the term "Patent Pending" in your sales literary works and also description of the item. Doing so will basically mark your grass, as well as it may discourage rivals from replicating your product.
Hallmark a New Product? Just as customer Is InventHelp the best invention company? service phone number for InventHelp you can not patent an item - you can just patent the development behind the item you can not hallmark a product: You can only trademark the name (or brand) of the item. If your brand-new product has a special name to identify it, you need to certainly request a trademark if for no other factor than to stop competitors from perplexing consumers and also swiping sales from you by utilizing the same or a similar item identification for their competing item.
If you simply call your brand-new product the Design FHJ-604, after that no hallmark is actually required. If, nonetheless, you've generated a name that is distinct as well as remarkable, (the Resist ® battery from Sears is a good example), you ought to certainly secure your new and also innovative item identification.
Speak with a hallmark attorney, as well as if he believes your brand name or product name can be trademarked, obtain the trademark. Once the US Patent as well as Hallmark Workplace concerns you a trademark, it will certainly be a signed up trademark, so you will after that put a " ® "after the brand name.
Patent versus Trademark: While both patents and hallmarks are provided by the US License and Hallmark Office, they are actually unassociated. A product's innovation 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.
If your item makes use of a special modern technology, patenting your invention makes sense. If you came up with a marketable name for your new product, trademarking the name makes sense. Both issues ought to be considered separately.
Alexander Poltorak is a company expert that writes about intellectual property, patent lawyer [http://www.aminn.org/patent-attorney] concerns, patent suites, item licensing, and other organization and innovation-related subjects. To learn more on patent infringement problems see United States
It is worth a couple of hundred bucks to have a license attorney or patent agent appearance at your technology and also determine if it is worth applying for a license. If the license attorney or license representative believes your innovation can be patented, he will certainly help you through the patent application process. A patent lawyer is a lawyer that specializes in what's called "patent prosecution," the process of using for and also getting a license. To find a license representative or patent lawyer, utilize our free Patent Representative and Patent Attorney Recommendation Solution.
License versus Hallmark: While both patents and trademarks are provided by the US Patent as well as Hallmark Office, they are actually unconnected.