Your business has created a really awesome new product. Should you apply for a patent, as well as should you hallmark the product's name? Thus several other things in life, company, marital relationship and sporting activities, it depends.
License a New Product? First off, you can not in fact "patent" a product or service. You can just patent the technology that went into developing that product and services. Looking for as well as receiving a patent has numerous advantages.
1. Security and Exclusivity: First and foremost, obtaining a license for your creation avoids competitors from using it to produce identical or comparable products. When Post-it notes came out, 3M had patented the technology behind them, and also that gave 3M an important syndicate for lots of years. Understand, nevertheless, that the United States Patent Office issues licenses; they do not impose them. So if a firm infringes on your license, you will have to defend your license through civil Happy.
2. Added Revenue: You can license your license to other companies. While it probably does not make sense to accredit your patent to a straight rival, you can accredit it to business in other sectors and develop a great profits stream. If the product that makes use of the innovation is not creating the desired sales or revenues for your organization, you could then accredit the license - or even sell the license - to generate profits from it.
3. Better Safe than Sorry: If you do NOT look for a license, as well as 2 or three years later you uncover that a business is using your development to produce a services or product, you might be sorry for not patenting the modern technology when you had the chance to do so.
Is Your Invention Patentable? It is worth a few hundred bucks to have a license attorney or license representative check out your innovation and identify if it deserves getting a patent. If the patent attorney or license representative believes your development can be patented, he will certainly assist you with the patent application process. A patent lawyer is a lawyer that concentrates on what's called "license prosecution," the process of applying for and also getting a patent. A license representative is not an attorney, but is certified to exercise prior to the US Patent and also Trademark Office. To find a license representative or license lawyer, utilize our complimentary Patent Agent as well as Patent Attorney Referral Service.
Shielding Your Innovation: As soon as you have actually gotten a patent, you should InventHelp Company Headquarters make use of the term "Patent Pending" in your sales literary works and also description of the item. Doing so will basically note your turf, as well as it might prevent rivals from copying your item.
Hallmark a New Product? Just as you can not patent an item - you can only patent the advancement behind the item you can not trademark an item: You can only trademark the name (or brand) of the item. If your new item has an one-of-a-kind name to identify it, you must certainly obtain a hallmark if for no other reason than to stop competitors from perplexing clients as well as swiping sales from you by utilizing the exact same or a comparable product recognition for their completing product.
If you just call your new item the Model FHJ-604, then no trademark is really required. If, nevertheless, you've created a name that is unique and also memorable, (the Die Hard ® battery from Sears is an example), you should definitely safeguard your new and ingenious product identification.
Talk to a trademark attorney, and if he believes your brand or product name can be trademarked, get the hallmark. As Soon As the US Patent and also Trademark Office problems you a hallmark, it will certainly be a signed up trademark, so you will after that put a " ® "after the brand.
Patent versus Trademark: While both patents and also trademarks are released by the United States Patent as well as Trademark Office, they are really unassociated. A product's technology can be patented while the product's name is not trademarked. Or the product name can be trademarked while the item's modern technology is not patented. Sears declared a hallmark for "Die Hard" but there are no licenses associated with the battery. In spite of the photo created by the brand name, there is nothing special, ingenious or special about a Die Hard ® battery. 3M declared a hallmark for "Post-it" as well as additionally patented the modern technology behind the product.
If your item makes use of an one-of-a-kind modern technology, patenting your creation makes good sense. If you developed a marketable name for your new product, trademarking the name makes sense. Both problems should be considered individually.
It is worth a few hundred bucks to have a patent lawyer or license agent appearance at your development and determine if it is worth using for a patent. If the license attorney or patent agent believes your creation can be patented, he will certainly aid you through the license application process. A patent lawyer is a lawyer that specializes in what's called "patent prosecution," the process of using for and getting a license. To discover a patent agent or patent attorney, utilize our totally free Patent Agent and also Patent Attorney Referral Service.
Patent versus Trademark: While both licenses and trademarks are issued by the United States Patent and Trademark Office, they are truly unrelated.