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FAQ
| Is it technically possible?
Will it sell?
Who is the target market (who will buy it)?
Is the target market large, or growing?
Is it significantly better than the alternative (why will the target market buy it)?
How much will the target market pay for it?
Will it be profitable for me?
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| Intellectual Property consists primarily of Patents, Trademarks, Copyrights and Trade Secrets
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| A patent is a property right granted by the Government of the United States of America to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States" for a limited time in exchange for public disclosure of the invention when the patent is granted.
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
A copyright protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
A trade secret is information that a company keeps secret to give it an advantage over competitors.
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| Both Patent Agents and Patent Attorneys have to pass the same exam (the Patent Bar) and meet the same requirements in order to represent clients before the Patent Office. Both Patent Agents and Patent Attorneys may be referred to as a practitioner or representative.
A Patent Agent is one who is not an attorney but is authorized to act for or in place of the applicant(s) before the Patent Office, that is, an individual who is registered to practice before the Patent Office.
A Patent Attorney is an individual who is a member in good standing of the bar of any United States court or the highest court of any State and who is registered to practice before the Patent Office.
Many Patent Agents are cost-effective and are well-grounded in business.
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| There are three types of issued patents: Utility, Design and Plant. A Utility Patent is the most common and may be granted to anyone who invents or discovers any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. A Design Patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. A Plant Patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
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| The cost to get a patent depends on many factors: the type of patent, the field of the invention, the complexity of the invention, the number and type of claims, the ease or difficulty of patent prosecution, the Patent Office fees, the Agent/Attorney fees, etc.
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| The length of time it takes from submitting a patent application to the Patent Office to issuance of the allowed patent depends on many factors: the type of patent, the field of the invention, the complexity of the invention, the number and type of claims, the ease or difficulty of patent prosecution, the number of Patent Office examiners for the art unit of the invention, the work load of the Patent Office examiner assigned to the patent application, etc.
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| A phrase that often appears on manufactured items. It means that someone has applied for a patent on an invention that is contained in the manufactured item. It serves as a warning that a patent may issue that would cover the item and that copiers should be careful because they might infringe if the patent issues. Once the patent issues, the patent owner will stop using the phrase "patent pending" and start using a phrase such as "covered by U.S. Patent Number XXXXXXX." Applying the patent pending phrase to an item when no patent application has been made can result in a fine.
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| There are several factors to be considered in making a decision to file a patent application:
One factor is whether the ability to use "Patent Pending" on the invention during marketing/licensing activities is considered to be strategically important.
Another factor is whether preserving patent rights outside the U.S. is important.
Another factor is if the inventor is willing to pursue getting an issued patent for prestige and/or other personal reasons.
Another factor to consider is how long you expect to have sales for your invention. If your invention is a fad-type product that will only have significant sales for one or two years, filing a patent application is usually not in your best interests.
Similarly, if your expected profit from your invention does not cover your patenting and bring-to-market expenses, filing a patent application is usually not in your best interests.
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| No, the Patent Office will accept patent applications directly from the inventor. Both books and software exist in the marketplace to assist an inventor in filing his/her own patent. Additionally, the Patent Office web site contains helpful information for the individual inventor. However, books and software are no substitute for using an experienced, trained patent professional when you want maximum value.
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| While all parts of a patent are important and need to conform to the Patent Laws, Patent Rules and the Patent Examiners' guidelines, the punch-line of the patent is contained in the claims. Claims define the invention and are what are legally enforceable. The specification section of a patent application must conclude with a claim particularly pointing out and distinctly claiming the subject matter which the applicant regards as his/her invention or discovery. The claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description.
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| Yes.
Go to
www.nocurl.com
www.thefoodloop.com
www.gametrekker.com
www.markmender.com
www.pictureplacer.com
www.multitemplight.com
www.customviewfinder.com
www.queuent.com
www.gomobilecoolers.com
www.cleanwaterinternational.com
www.planteco.com
www.mergepower.com
to see examples of our clients that are actively marketing their products.
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| You can contact Patents & More to set up a free initial consultation. We will gladly answer all your questions.
Also, further information is available at www.uspto.gov (Patents & Trademarks) and www.loc.gov/copyright/ (Copyright).
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What questions should I answer prior to beginning the patenting process?