Patents
Have a new idea or invention you want protected? If you are like many who have never been involved in the patenting process and are serious about protecting your ideas, you probably have many unanswered questions.
Do I need to conduct a patent search? Can I disclose or commercialize my invention without losing my right to obtain a patent? What is a design patent? What is the first thing I should do to protect my idea? The list goes on and on.
While many people may have some idea or have received advice about the answer to these questions, they may be mistaken.
For example, many people believe that mailing themselves a description of their invention in a sealed, certified letter provides adequate proof of the conception of their invention. Not so. Courts have held that this does not constitute credible proof of the conception of your invention. You may want to take other steps in providing proof or evidence of the conception of your invention.
What if I have disclosed my invention to someone before I have applied for a patent - I've heard that you lose your right to obtain a patent for your invention?
Although it is preferable to maintain your invention in confidence until you have filed a patent application, unlike many foreign countries, the U.S. provides a one-year grace period in which to file a patent application. This grace period extends from the date you 1) first sell or offer your invention for sale, or 2) your invention is described in a printed publication or 3) a public use of your invention has been made. If any one of these events has occurred, however, you need to make sure you apply for a patent within one year. If not, you will likely lose the right to obtain a patent.
These are just some of the issues and questions related to patents that might indicate that you need to consult a patent attorney or intellectual property law specialist.
Trademarks I want to apply for a trademark or service mark on a new logo or symbol I want to use. What should I do?
First of all, at least in the U.S., you don't apply for a trademark or service mark. A trademark or service mark is acquired by the actual use of the mark in connection with your goods or services. You can, however, apply for a registration of your mark. Applying for and obtaining a federal registration for your mark has many advantages. It can constitute constructive use of your mark thoughout the U.S. and its territories, without actually having to use the mark in all areas of the U.S. You may also apply for a federal registration before actual use of your mark has begun. This and other advantages can be obtained through the federal registration of a mark, if it qualifies.
BUT WAIT A SECOND! BE CAREFUL! Before you start using or even apply for a registration for your trademark or service mark, one of the most important things you can do is to make sure you won't infringe someone else's mark. The cost of conducting a trademark search is a small price to pay compared to what you might pay if you find yourself being sued for trademark infringement, or if you later have to change your mark after the expenditure of considerable resources in promoting it.
These are just some of the issues and questions related to trademarks and service marks that might indicate you need to consult an intellectual property specialist. Click here to continue.
