Your company has developed a really awesome new item. Should you file for a license, and also should you trademark the item's name? Like so several other things in life, business, marriage as well as sporting activities, it depends.
License a New Product? You can just patent the development that went right into producing that item or service.
Understand, nevertheless, that the United States Patent Office concerns patents; they do not apply them. InventHelp Invention Service If a firm infringes on your license, you will certainly have to defend your license via civil lawsuits.
While it probably does not make sense to license your license to a direct rival, you can license it to companies in various other sectors and also develop a good profits stream. If the product that utilizes the innovation is not creating the desired sales or profits for your organization, you might after that certify the patent - or even market the license - to generate revenue from it.
3. Better Safe than Sorry: If you do NOT look for a patent, as well as two or 3 years later on you find that a business is utilizing your advancement to generate a product or service, you may regret not patenting the technology when you had the chance to do so.
If the patent attorney or patent agent thinks your innovation can be patented, he will certainly aid you via the patent application process. A license attorney is a lawyer that specializes in what's called "license prosecution," the procedure of using for as well as getting a license. To locate a patent agent or patent lawyer, utilize our complimentary Patent Agent and also Patent Attorney Referral Service.
Securing Your Innovation: As soon as you have actually obtained a license, you need to utilize the term "Patent Pending" in make a new invention your sales literature and also summary of the item. Doing so will essentially mark your grass, as well as it might discourage competitors from duplicating your product.
Hallmark a New Product? Just as you can not patent an item - you can just patent the development behind the item you can not hallmark a product: You can just hallmark the name (or brand name) of the product. If your brand-new product has a distinct name to recognize it, you should most definitely look for a hallmark if for no other factor than to stop rivals from perplexing consumers as well as swiping sales from you by utilizing the very same or a comparable product identification for their contending item.
If you simply call your brand-new item the Model FHJ-604, then no trademark is actually needed. If, however, you've thought of a name that is one-of-a-kind as well as unforgettable, (the Die Hard ® battery from Sears is a good example), you should absolutely safeguard your new and ingenious item identification.
Speak with a hallmark attorney, and also if he believes your brand name or product name can be trademarked, get the hallmark. When the US Patent and Trademark Office problems you a trademark, it will be a registered hallmark, so you will certainly after that position a " ® "after the brand.
Patent versus Trademark: While both patents as well as hallmarks are released by the US Patent as well as Trademark Office, they are really unrelated. A product's modern technology can be patented while the product's name is not trademarked. Or the item name can be trademarked while the product's modern technology is not patented.
If your item makes use of an one-of-a-kind modern technology, patenting your development makes sense. If you thought of a marketable name for your brand-new item, trademarking the name makes good sense. However both concerns must be taken into consideration independently.
It is worth a couple of hundred dollars to have a license lawyer or patent representative look at your innovation and also figure out if it is worth using for a license. If the patent lawyer or patent representative believes your development can be patented, he will assist you through the license application procedure. A patent attorney is an attorney who specializes in what's called "patent prosecution," the procedure of using for and obtaining a patent. To discover a license representative or patent attorney, use 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 truly unassociated.