Cost of a Patent
Patenting costs vary from the low end around $1500 to upwards of $10,000 depending on the complexity of the design and category in which it falls. You may decide the cost of a patent is not within your budget at which point you may choose to file for a provisional patent for $125 at the USPTO for short term protection.
Definition of Utility, Design, Plant, or Provisional Patents.
Most patents fall into the utility patent category. Utility patents are subdivided into mechanical, electrical and chemical categories. In general, a utility patent protects the way an invention is used and works. Utility patents may be granted to anyone who invents a new and useful method, process, machine, device invented, manufactured item, or chemical compound - or any new and useful improvement to the same. Utility literally means has purpose or useful function. Patent Application
Design:
According to USPTO patent law, a design patent is granted to any person who has invented any new and non obvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. In layman's term a design patent is a type of patent that covers the ornamental aspects of design. The functional aspects of an invention are covered by a utility patent. The Invention both design and utility patents may be obtained on an invention if it is new both in its utility (what makes it useful) and its appearance. The application process for a design patent are the same as those relating to other patents with a few differences. A design patent has a shorter term of 14 years, and no maintenance fees are necessary. If your design patent application passes its examination, a notice of allowance will be sent to you or your attorney or agent asking for you to pay an issue fee. The drawing for a design patent follow the same rules as other drawings, but no reference characters are allowed and the drawing (s) should clearly depict the appearance, since the drawing defines the scope of patent protection. The specification of a design patent application is brief and ordinarily follows a set form. Patent Law Patent Idea
Plant:
A plant patent is a patent issued for newly invented strains of asexually reproducing plants. Tuber propagated plants or wild uncultivated plants may not be patented. Not all countries allow plant patents. The USPTO provides for the granting of a patent to anyone who has invented or discovered and asexually reproduced any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state. Asexually propagated plants are those that are reproduced by invented means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc. With reference to tuber-propagated plants, for which a plant patent cannot be obtained, the term "tuber" is used in its narrow horticultural sense as meaning a short, thickened portion of an underground branch. Such plants covered by the term "tuber-propagated" are the Irish potato and the Jerusalem artichoke. Patent Application
Definition:
A provisional patent application is a type of interim utility patent filed with the USPTO. You can file for a provisional patent without including any formal patent claims, oath or declaration, or any information disclosure (prior art) statement. The keyword in provisional patent application is "provisional". A provisional patent application only gives one year of protection. After that you must file for a non-provisional patent or abandon your patent. The USPTO created provisional patent applications as a means to establish an early effective filing date for a non-provisional patent application, which helped balance American patent law with the patent laws of other countries. It also allows the term "Patent Pending" to be used. Patent Trademark
Understanding Trademarks or Copyrights
What Is A Trademark?
Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services. Trademarks, unlike patents, can be renewed forever as long as they are being used in business. The roar of the MGM lion, the pink of the insulation made by Owens-Corning (who uses the Pink Panther in advertising by permission from its owner!), and the shape of a Coca-Cola bottle are familiar trademarks. These are brand names and identities and are important in marketing a product or service. Patent Law
Brand Name Vs Generic Name
Naming an invention involves developing at least two names. One name is the generic name. The other name is the brand name or trademark name. For example, Pepsi ® and Coke ® are brand names or trademark names; cola or soda are the generic or product names. Big Mac ® and Whopper ® are brand names or trademark names; hamburger is the generic or product name. Nike ® and Reebok ® are brand names ortrademark names; sneaker or athletic shoe are generic or product names. Patent Agent Invention Help
Primary Trademarks
The term "trademark" is often used to refer to any type of mark that can be registered with the United States Patent and Trademark Office or USPTO. The two primary types of marks that can be registered with the USPTO are:
* Trademarks that are used by their owners to identify goods, that is, physical commodities, which may be natural, manufactured, or produced, and which are sold or otherwise transported or distributed via interstate commerce.
* Service marks that are used by their owners to identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise. Patent Application
Other Types of Marks
There are other types of marks that can be registered, however, they occur infrequently and have some different requirements for registration than the more commonly applied for trademarks and service marks. Since the benefits of registration are essentially the same for all types of marks, the term "trademark" is often used in general information that applies to service marks, certification marks, and collective marks as well as to true trademarks, the marks used on invented goods. Patent Law
Using Trademark Symbols
You can use the symbols TM for trademark or SM for service mark to indicate that you are claims rights to the marks without having federal registration. However, use of the TM and SM symbols may be governed by different local, state, or foreign laws. The federal registration symbol ® can only be used after the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol ®may not be used before the mark has actually become registered. Patent Agent
Can I Apply For A Registered Trademark By Myself?
Yes, and you would also be responsible for observing and complying with all the procedural issues and requirements. Trademark registration is not easy, you may need professional help. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. Patent Trademark Patent Idea
Copyright or Patent?
There are three types of protection for intellectual property. Property that a person creates with their mind or intellect.
* patents protect inventions and improvements to existing inventions
* trademarks are brand names and/or designs which are applied toproducts you can sell or services that you offer
* copyright protection covers literary, artistic, and musical works.
* Examples of Copyrights
* Gone With The Wind - the book and film
* System of A Down - the band's recordings and artwork
* Video games are all works that are copyrighted. Patent Application
Copyright Protection
Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. The moment you write it, paint it, or put it on the internet, your work is copyright protected.
Library of Congress
In the United States, the Library of Congress officially registers copyrights which now last for the life of the author plus 70 years. No one else can profit or copy your ideas without your permission invented during this time period.
Do I Need to Invention Register? Your works of art, music, etc, all have copyright protection with or without formal copyright registration with the Library of Congress or any other copyright office. However, copyright registration adds proof of copyright ownership and aids you in fighting copyright infringement. Copyright literally means the right to copy. Patent Law
Patenting costs vary from the low end around $1500 to upwards of $10,000 depending on the complexity of the design and category in which it falls. You may decide the cost of a patent is not within your budget at which point you may choose to file for a provisional patent for $125 at the USPTO for short term protection.
Definition of Utility, Design, Plant, or Provisional Patents.
Most patents fall into the utility patent category. Utility patents are subdivided into mechanical, electrical and chemical categories. In general, a utility patent protects the way an invention is used and works. Utility patents may be granted to anyone who invents a new and useful method, process, machine, device invented, manufactured item, or chemical compound - or any new and useful improvement to the same. Utility literally means has purpose or useful function. Patent Application
Design:
According to USPTO patent law, a design patent is granted to any person who has invented any new and non obvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. In layman's term a design patent is a type of patent that covers the ornamental aspects of design. The functional aspects of an invention are covered by a utility patent. The Invention both design and utility patents may be obtained on an invention if it is new both in its utility (what makes it useful) and its appearance. The application process for a design patent are the same as those relating to other patents with a few differences. A design patent has a shorter term of 14 years, and no maintenance fees are necessary. If your design patent application passes its examination, a notice of allowance will be sent to you or your attorney or agent asking for you to pay an issue fee. The drawing for a design patent follow the same rules as other drawings, but no reference characters are allowed and the drawing (s) should clearly depict the appearance, since the drawing defines the scope of patent protection. The specification of a design patent application is brief and ordinarily follows a set form. Patent Law Patent Idea
Plant:
A plant patent is a patent issued for newly invented strains of asexually reproducing plants. Tuber propagated plants or wild uncultivated plants may not be patented. Not all countries allow plant patents. The USPTO provides for the granting of a patent to anyone who has invented or discovered and asexually reproduced any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state. Asexually propagated plants are those that are reproduced by invented means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc. With reference to tuber-propagated plants, for which a plant patent cannot be obtained, the term "tuber" is used in its narrow horticultural sense as meaning a short, thickened portion of an underground branch. Such plants covered by the term "tuber-propagated" are the Irish potato and the Jerusalem artichoke. Patent Application
Definition:
A provisional patent application is a type of interim utility patent filed with the USPTO. You can file for a provisional patent without including any formal patent claims, oath or declaration, or any information disclosure (prior art) statement. The keyword in provisional patent application is "provisional". A provisional patent application only gives one year of protection. After that you must file for a non-provisional patent or abandon your patent. The USPTO created provisional patent applications as a means to establish an early effective filing date for a non-provisional patent application, which helped balance American patent law with the patent laws of other countries. It also allows the term "Patent Pending" to be used. Patent Trademark
Understanding Trademarks or Copyrights
What Is A Trademark?
Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services. Trademarks, unlike patents, can be renewed forever as long as they are being used in business. The roar of the MGM lion, the pink of the insulation made by Owens-Corning (who uses the Pink Panther in advertising by permission from its owner!), and the shape of a Coca-Cola bottle are familiar trademarks. These are brand names and identities and are important in marketing a product or service. Patent Law
Brand Name Vs Generic Name
Naming an invention involves developing at least two names. One name is the generic name. The other name is the brand name or trademark name. For example, Pepsi ® and Coke ® are brand names or trademark names; cola or soda are the generic or product names. Big Mac ® and Whopper ® are brand names or trademark names; hamburger is the generic or product name. Nike ® and Reebok ® are brand names ortrademark names; sneaker or athletic shoe are generic or product names. Patent Agent Invention Help
Primary Trademarks
The term "trademark" is often used to refer to any type of mark that can be registered with the United States Patent and Trademark Office or USPTO. The two primary types of marks that can be registered with the USPTO are:
* Trademarks that are used by their owners to identify goods, that is, physical commodities, which may be natural, manufactured, or produced, and which are sold or otherwise transported or distributed via interstate commerce.
* Service marks that are used by their owners to identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise. Patent Application
Other Types of Marks
There are other types of marks that can be registered, however, they occur infrequently and have some different requirements for registration than the more commonly applied for trademarks and service marks. Since the benefits of registration are essentially the same for all types of marks, the term "trademark" is often used in general information that applies to service marks, certification marks, and collective marks as well as to true trademarks, the marks used on invented goods. Patent Law
Using Trademark Symbols
You can use the symbols TM for trademark or SM for service mark to indicate that you are claims rights to the marks without having federal registration. However, use of the TM and SM symbols may be governed by different local, state, or foreign laws. The federal registration symbol ® can only be used after the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol ®may not be used before the mark has actually become registered. Patent Agent
Can I Apply For A Registered Trademark By Myself?
Yes, and you would also be responsible for observing and complying with all the procedural issues and requirements. Trademark registration is not easy, you may need professional help. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. Patent Trademark Patent Idea
Copyright or Patent?
There are three types of protection for intellectual property. Property that a person creates with their mind or intellect.
* patents protect inventions and improvements to existing inventions
* trademarks are brand names and/or designs which are applied toproducts you can sell or services that you offer
* copyright protection covers literary, artistic, and musical works.
* Examples of Copyrights
* Gone With The Wind - the book and film
* System of A Down - the band's recordings and artwork
* Video games are all works that are copyrighted. Patent Application
Copyright Protection
Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. The moment you write it, paint it, or put it on the internet, your work is copyright protected.
Library of Congress
In the United States, the Library of Congress officially registers copyrights which now last for the life of the author plus 70 years. No one else can profit or copy your ideas without your permission invented during this time period.
Do I Need to Invention Register? Your works of art, music, etc, all have copyright protection with or without formal copyright registration with the Library of Congress or any other copyright office. However, copyright registration adds proof of copyright ownership and aids you in fighting copyright infringement. Copyright literally means the right to copy. Patent Law
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