There are so many different patents and trademarks in the world that finding an idea unique enough to register can seem overwhelming ...
Getting patents or trademarks can be quite difficult. There are so many different patents and trademarks in the world that finding an idea unique enough to register can seem overwhelming. However, if a patent or trademark is obtained, then it is well worth the effort. A patent is used in the case of new inventions, to ensure that the originator of an idea gets to keep the rights to that idea. A trademark is used to inform the public of the origins of the product, and who was responsible for its conception.
A patent can be obtained when an inventor can prove that he or she has made a completely new product or idea. There are strict regulations on this. An invention can only be classified as new if no one else in the U.S. has patented a similar idea, and if the idea has never been written about in a publication. Alternatively, if the invention has already been created in a foreign country, it is impossible to patent the idea if the product has been for sale in the U.S. for more than a year. The government has created the Patent Search Room in Virginia for the purpose of discovering if someone has an original idea to patent. Also, throughout the U.S. there are certain Patent and Trademark Depository Libraries, which also have listings of patents and/or trademarks already in use.
You can get a patent if you can prove to the United States Patent and Trademark Office (USPTO GOV) that you have created a unique and new idea. The regulations are rather strict. For instance, an idea is only considered new if no one else has patented a similar idea, or written about a similar idea in any publication. Also, if the idea has been created for a foreign market and sold in the U.S. for more than a year, then it cannot be considered a new idea. The government has created a Patent Search Room in Virginia for persons interested in seeing if their idea is patentable. Throughout the United States there are also Patent and Trademark Depository Libraries, which also have lists of all of the patents and trademarks on file.
If you are trying to sell a new product, then it is important to have both patents and trademarks. The patent prevents others from being able to sell the same exact product or idea, and the trademark shows the origin of the product. The USPTO GOV is a great source of information regarding patents or trademarks, and whoever is interested in finding out more information about them should check it out.
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Recommended Trademarking Resources
A Trademark Guide for Entrepreneurs- A Trademark Guide for Entrepreneurs provides the information business executives need to know about protecting their most valuable assets - their trade names, trademarks and service marks. In easy-to-follow language, Robert E. Lee explains how to register trademarks and trade names with both state and federal offices, police the marketplace for possible infringers and successfully exploit the marks through assignments, licenses, franchises and joint ventures. Most importantly, A Trademark Guide for Entrepreneurs teaches the corporate officer, director or manager how to select and use effective trademarks that will stand out in over-crowded market areas, thereby increasing market share and profit potential.
For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Patent.
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