Your firm has established a truly awesome new item. Should you apply for a license, and should you trademark the item's name? Thus numerous various other things in life, company, marital relationship and also sporting activities, it depends.
License a New Product? You can just patent the advancement that went into producing that item or solution.
Understand, nonetheless, that the US Patent Office concerns licenses; they do not impose them. If a company infringes on your patent, you will have to protect your patent through civil Excited.
2. Additional Revenue: You can certify your patent to various other companies. While it most likely does not make good sense to license your license to a direct competitor, you might certify it to companies in various other sectors and produce a great profits stream. If the product that utilizes the innovation is not generating the preferred sales or profits for your business, you might then certify the patent - and even market the patent - to generate income from it.
3. Better Safe than Sorry: If you do NOT request a patent, as well as 2 or three years later on you find that a firm is using your development to create a product or service, you may be sorry for not patenting the technology when you had the possibility to do so.
Is Your Invention Patentable? It deserves a couple of hundred dollars to have a patent lawyer or patent representative take a look at your development and also figure out if it is worth making an application for a patent. If the patent attorney or license representative believes your creation can be patented, he will certainly aid you through the license application procedure. A license lawyer is an attorney that concentrates on what's called "patent prosecution," the process of looking for as well as receiving a patent. A patent representative is not an attorney, yet is certified to practice before the US Patent and Trademark Office. To find a patent agent or patent lawyer, use our totally free Patent Agent and also Patent Attorney Referral Service.
Securing Your Innovation: As quickly as you have actually obtained a license, you ought to utilize the term "Patent Pending" in your sales literary works as well as description of the item. Doing so will basically note your turf, and also it might inhibit competitors from copying your product.
Trademark a New Product? Equally as you can not patent a product - you can just patent the development behind the product you can not trademark an item: You can just trademark the name (or brand name) of the product. If your new product has an unique name to recognize it, you need to absolutely obtain a hallmark if for nothing else reason than to stop rivals from perplexing clients and taking sales from you by using the same or a comparable item identification for their contending product.
If you merely call your new item the Model FHJ-604, then no trademark is really required. If, nonetheless, you've come up with a name that is special and unforgettable, (the Die Hard ® battery from Sears is a fine example), you should definitely shield your new as well as cutting-edge product recognition.
Consult with a hallmark attorney, and if he believes your brand name or product name can be trademarked, obtain the hallmark. Once the US Patent and also Trademark Office issues you a trademark, it will certainly be a signed up trademark, so you will then position a " ® "after the brand.
License versus Trademark: While both licenses as well as hallmarks are provided by the US Patent and Trademark Office, they are really 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 item's innovation is not patented. Sears applied for a trademark for "Die Hard" however there are no patents related to the battery. Despite the picture produced by the brand name, there is second best, innovative or one-of-a-kind regarding a Die Hard ® battery. 3M filed for a hallmark for "Post-it" and also patented the innovation behind the product.
If your product uses a distinct modern technology, patenting your invention makes sense. If you generated a valuable name for your new product, trademarking the name makes good sense. Yet InventHelp idea both issues must be taken into consideration separately.
It is worth a couple of hundred dollars to have a license lawyer or license agent look at your innovation and also identify if it is worth using for a patent. If the patent attorney or license agent thinks your innovation can be patented, he will help you through the patent application process. A patent lawyer is an attorney who specializes in what's called "license prosecution," the procedure of applying for and obtaining a patent. To locate a patent representative or license lawyer, use our free Patent Agent as well as Patent Attorney Referral Service.
Patent versus Trademark: While both patents and hallmarks are provided by the US Patent and Trademark Office, they are actually unrelated.