Your company has actually developed an actually cool brand-new product. Should you file for a license, and should you hallmark the product's name? Thus lots of other things in life, business, marital relationship and sporting activities, it depends.
Patent a New Product? You can only patent the innovation that went right into creating that item or service.
Understand, nevertheless, that the US Patent Office problems patents; they do not enforce them. If a company infringes on your license, you will certainly have to protect your license through civil lawsuits.
2. Extra Revenue: You can accredit your patent to other organizations. While it probably does not make sense to accredit your license to a direct rival, you could accredit it to business in other markets and develop a nice earnings stream. If the item that makes use of the innovation is not creating the desired sales or revenues for your business, you might after that license the license - and even offer the patent - to generate profits from it.
3. Much Better Safe than Sorry: If you do NOT obtain a license, and also 2 or 3 years later on you uncover that a firm is utilizing your advancement to produce a product and services, you might be sorry for not patenting the technology when you had the possibility to do so.
If the license attorney or patent representative thinks your development can be patented, he will assist you with the patent application process. A license lawyer is an attorney who specializes in what's called "license prosecution," the process of applying for as well as obtaining a license. To find a license representative or patent attorney, use our complimentary Patent Agent as well as Patent Attorney Referral Service.
Safeguarding Your Innovation: As quickly as you have gotten a patent, you should how to submit a patent use the term "Patent Pending" in how do you get a patent with InventHelp your sales literature as well as summary of the item. Doing so will basically mark your grass, as well as it might discourage rivals from copying your item.
Hallmark a New Product? Equally as you can not patent a product - you can just patent the innovation behind the item you can not hallmark an item: You can just hallmark the name (or brand name) of the item. If your new item has an one-of-a-kind name to determine it, you must definitely get a trademark if for nothing else factor than to stop rivals from perplexing consumers and also taking sales from you by using the exact same or a similar item recognition for their completing product.
If you just call your brand-new product the Model FHJ-604, after that no hallmark is truly needed. If, nevertheless, you've generated a name that is unique and remarkable, (the Die Hard ® battery from Sears is a fine example), you must most definitely protect your brand-new and also cutting-edge item recognition.
Seek advice from a trademark lawyer, and if he thinks your brand or item name can be trademarked, make an application for the trademark. As Soon As the US Patent and Trademark Office problems you a trademark, it will certainly be a registered hallmark, so you will after that put a " ® "after the brand.
License versus Trademark: While both licenses and trademarks are issued by the US Patent and Trademark Office, they are really unconnected. A product's technology can be patented while the product's name is not trademarked. Or the item name can be trademarked while the product's innovation is not patented.
If your product utilizes a distinct innovation, patenting your invention makes sense. If you developed a marketable name for your new item, trademarking the name makes sense. Both problems need to be taken into consideration independently.
It is worth a couple of hundred bucks to have a license lawyer or patent representative look at your technology as well as determine if it is worth using for a patent. If the patent attorney or license representative thinks your innovation can be patented, he will certainly help you with the patent application procedure. A patent lawyer is an attorney that specializes in what's called "patent prosecution," the procedure of using for and also getting a license. To locate a patent representative or license lawyer, use our complimentary Patent Agent and Patent Attorney Referral Service.
Patent versus Trademark: While both licenses as well as trademarks are issued by the US Patent and also Trademark Office, they are really unassociated.