Your firm has established a truly awesome brand-new item. Should you declare a patent, and should you hallmark the product's name? Thus several other points in life, business, marriage as well as sports, it depends.
License a New Product? First of all, you can not in fact "license" a product and services. You can just patent the development that entered into developing that product and services. Requesting and obtaining a license has numerous benefits.
1. Defense and also Exclusivity: First and also primary, getting a license for your development avoids rivals from utilizing it to develop identical or similar products. When Post-it notes came out, 3M had patented the innovation behind them, and that offered 3M a valuable syndicate for many years. Understand, nevertheless, that the US Patent Office issues licenses; they do not implement them. If a company infringes on your license, you will certainly have to safeguard your license with civil litigation.
While it most likely does not make sense to accredit your patent to a direct competitor, you might accredit it to companies in other markets as well as develop a wonderful income stream. If the product that uses the development is not producing the preferred sales or revenues for your company, you could after that license the license - or even offer the license - to create income from it.
3. Better Safe than Sorry: If you do NOT make an application for a license, and also 2 or three years later on you find that a firm is utilizing your technology to generate a product and services, you might be sorry for not patenting the technology when you had the chance to do so.
Is Your Invention Patentable? It deserves a few hundred dollars to have a license attorney or patent agent look at your innovation and figure out if it is worth requesting a patent. If the patent lawyer or license agent thinks your invention can be patented, he will certainly aid you through the patent application procedure. A license lawyer is a lawyer who concentrates on what's called "patent prosecution," the procedure of applying for and also getting a license. A patent agent is not a lawyer, but is certified to exercise prior to the United States Patent and also Trademark Office. To discover a license agent or patent attorney, use our totally free Patent Agent and Patent Attorney Referral Service.
Protecting Your Innovation: As how to invent a product quickly as you have actually obtained a license, you should utilize the term "Patent Pending" in your sales literary works as well as description of the product. Doing so will basically note your lawn, and it might dissuade competitors from duplicating your item.
Hallmark a New Product? Just as you can not patent a product - you can only patent the technology behind the product you can not hallmark an item: You can only hallmark the name (or brand) of the item. If your new item has a special name to recognize it, you ought to most definitely request a trademark if for no other factor than to prevent rivals from confusing consumers and also stealing sales from you by using the exact same or a comparable item identification for their contending product.
If you merely call your new item the Model FHJ-604, after that no hallmark is really famous inventors required. If, nevertheless, you've thought of a name that is unique as well as unforgettable, (the Die Hard Â® battery from Sears is a good example), you ought to absolutely secure your new and innovative item identification.
Consult with a hallmark lawyer, and if he thinks your brand name or item name can be trademarked, get the hallmark. Once the US Patent and also Trademark Office problems you a hallmark, it will be a signed up trademark, so you will certainly then put a " Â® "after the brand.
License versus Trademark: While both licenses as well as hallmarks are released by the US Patent and Trademark Office, they are truly unconnected. An item'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 product makes use of an one-of-a-kind innovation, patenting your invention makes sense. If you came up with a marketable name for your brand-new product, trademarking the name makes good sense. However both issues must be taken into consideration independently.
It is worth a few hundred dollars to have a license lawyer or patent agent appearance at your advancement as well as establish if it is worth applying for a patent. If the patent lawyer or license representative thinks your invention can be patented, he will certainly aid you with the license application procedure. A patent lawyer is an attorney who specializes in what's called "license prosecution," the process of applying for and getting a patent. To discover a patent agent or license lawyer, utilize our cost-free Patent Agent and Patent Attorney Referral Service.
Patent versus Trademark: While both licenses and trademarks are issued by the US Patent and also Trademark Office, they are really unconnected.