Your firm has actually established an actually awesome brand-new product. Should you declare a license, and should you hallmark the item's name? Thus numerous other points in life, business, marital relationship and sporting activities, it depends.
Patent a New Product? You can only patent the innovation that went right into developing that product or solution.
1. Protection as well as Exclusivity: First and also leading, obtaining a patent for your innovation avoids competitors from utilizing it to create similar or similar products. For instance, when Post-it notes came out, 3M had file a patent patented the technology behind them, which offered 3M a beneficial syndicate for many years. Understand, however, that the US Patent Office problems patents; they do not implement them. If a business infringes on your license, you will certainly have to defend your license through civil Excited.
While it most likely does not make sense to license your patent to a direct competitor, you could license it to companies in various other markets and create a wonderful profits stream. If the item that uses the innovation is not creating the desired sales or earnings for your service, you might then license the patent - or also market the license - to generate revenue from it.
3. Much Better Safe than Sorry: If you do NOT apply for a license, as well as two or three years later you uncover that a firm is using your advancement to produce a service or product, you may be sorry for not patenting the technology when you had the possibility to do so.
Is Your Invention Patentable? It is worth a few hundred bucks to have a patent lawyer or license representative consider your advancement and also determine if it deserves applying for a license. If the license lawyer or license agent believes your invention can be patented, he will assist you via the patent application procedure. A license lawyer is a lawyer who focuses on what's called "license prosecution," the process of obtaining and receiving a patent. A patent representative is not a lawyer, however is accredited to exercise prior to the US Patent as well as Trademark Office. To find a license agent or license lawyer, utilize our free Patent Agent as well as Patent Attorney Referral Service.
Securing Your Innovation: As quickly as you have actually looked for a license, you must use the term "Patent Pending" in your sales literary works as well as description of the item. Doing so will essentially mark your turf, as well as it may inhibit competitors from replicating your item.
Trademark a New Product? Just as you can not patent an item - you can just patent the advancement behind the item you can not trademark a product: You can just trademark the name (or brand name) of the item. If your brand-new item has an one-of-a-kind name to determine it, you should absolutely request a trademark if for no other factor than to stop competitors from perplexing consumers and stealing sales from you by utilizing the very same or a comparable item identification for their competing product.
If you just call your new product the Model FHJ-604, then no trademark is truly needed. If, however, you've developed a name that is distinct and also memorable, (the Die Hard ® battery from Sears is a fine example), you ought to definitely protect your new and also ingenious product identification.
Consult with a hallmark lawyer, and also if he thinks your brand or item name can be trademarked, get the trademark. Once the US Patent as well as Trademark Office problems you a trademark, it will be a signed up trademark, so you will after that place a " ® "after the brand name.
License versus Trademark: While both licenses and also trademarks are provided by the United States Patent as well as Trademark Office, they are actually unconnected. An item's innovation can be patented while the item's name is not trademarked. Or the product name can be trademarked while the product's innovation is not patented. Sears declared a trademark for "Die Hard" however there are no patents associated with the battery. Despite the image produced by the brand name, there is second best, innovative or unique concerning a Die Hard ® battery. 3M filed for a hallmark for "Post-it" as well as additionally patented the technology behind the product.
If your item makes use of a special innovation, patenting your creation makes good sense. If you developed a marketable name for your brand-new product, trademarking the name makes sense. Both concerns need to be taken into consideration individually.
It is worth a couple of hundred dollars to have a license lawyer or patent representative appearance at your development and also establish if it is worth applying for a license. If the license attorney or license agent thinks your creation can be patented, he will certainly assist you with the license application procedure. A license attorney is a lawyer that specializes in what's called "license prosecution," the process of using for as well as getting a patent. To discover a license agent or license attorney, use our free Patent Agent as well as Patent Attorney Referral Service.
License versus Trademark: While both licenses and trademarks are released by the United States Patent and also Trademark Office, they are actually unassociated.