Your business has actually developed a really awesome brand-new item. Should you declare a patent, as well as should you hallmark the product's name? Thus several other points in life, business, marital relationship and sporting activities, it depends.
Patent a New Product? You can just patent the advancement that went into creating that item or solution.
Understand, however, that the United States Patent Office problems licenses; they do not enforce them. If a business infringes on your patent, you will have to safeguard your license through civil lawsuits.
2. Additional Revenue: You can certify your license to other services. While it probably does not make good sense to license your license to a direct rival, you might license it to business in various other markets as well as create a nice earnings stream. If the item that uses the innovation is not creating the preferred sales or profits ideas for inventions for your business, you might after that certify the license - or perhaps sell the license - to create revenue from it.
3. Much Better Safe than Sorry: If you do NOT obtain a license, and 2 or three years later on you discover InventHelp Invention Stories that a firm is utilizing your technology to produce a product or service, you might be sorry for not patenting the technology when you had the opportunity to do so.
If the patent lawyer or patent representative believes your invention can be patented, he will help you with the license application process. A license lawyer is a lawyer that specializes in what's called "patent prosecution," the process of applying for and also obtaining a patent. To locate a license agent or license lawyer, use our cost-free Patent Agent and Patent Attorney Referral Service.
Protecting Your Innovation: As quickly as you have actually made an application for a license, you should utilize the term "Patent Pending" in your sales literary works and also summary of the product. Doing so will basically note your lawn, and also it may discourage competitors from copying your product.
Trademark a New Product? Equally as you can not patent an item - you can only patent the technology behind the product you can not trademark an item: You can only hallmark the name (or brand name) of the product. If your brand-new product has a distinct name to determine it, you should definitely get a hallmark if for nothing else reason than to avoid competitors from puzzling consumers and stealing sales from you by utilizing the same or a similar product recognition for their competing item.
If you simply call your new product the Model FHJ-604, after that no hallmark is really required. If, nevertheless, you've developed a name that is special and unforgettable, (the Die Hard ® battery from Sears is a good example), you ought to definitely protect your brand-new as well as cutting-edge product identification.
Speak with a trademark lawyer, and if he believes your brand name or product name can be trademarked, get the trademark. As Soon As the United States Patent and also Trademark Office concerns you a trademark, it will be a signed up hallmark, so you will then position a " ® "after the brand name.
Patent versus Trademark: While both licenses as well as trademarks are issued by the US Patent and also Trademark Office, they are actually 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 product's innovation is not patented.
If your product makes use of an one-of-a-kind technology, patenting your development makes good sense. If you came up with a marketable name for your new product, trademarking the name makes sense. Both issues should be thought about separately.
It is worth a few hundred dollars to have a patent lawyer or patent representative look at your innovation and also determine if it is worth applying for a license. If the license attorney or patent representative believes your creation can be patented, he will assist you through the license application procedure. A license attorney is a lawyer who specializes in what's called "license prosecution," the procedure of using for and getting a patent. To discover a license agent or license attorney, utilize our totally free Patent Agent and also Patent Attorney Referral Service.
Patent versus Trademark: While both licenses and trademarks are released by the United States Patent and Trademark Office, they are actually unconnected.
