How to Get a Product Patented A typical question that arises while beginning a new firm or purchasing a new and unique product is the choice of a name.
How to Get a Product Patented A typical question that arises while beginning a new firm or purchasing a new and unique product is the choice of a name. When discussing patents, the word “intellectual property” is often used to make a wide reference to ideas and concepts that might be regarded unique and represent some form of potential value.
The phrase is used to identify which person or entity really owns the idea, concept, or innovation. When you hold intellectual property rights, you have the authority to:
Produce the product or innovation.
Allow others to use or produce the idea under a licence.
Use a distinct identifying mark on packaging or in advertising.
To publish innovative and creative works of art.
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Intellectual Property Types
There are three categories of intellectual property that may be safeguarded. These are some examples:
Patents.
Trademarks.
Copyrights.
Patents
Patents are property rights issued by the United States Patent and Trademark Office. When a patent is obtained, the holder has the right to ban others from selling, using, or creating a protected innovation for a certain length of time. Patents may be valid for up to 20 years from the date of application if all costs are paid and documentation is correctly submitted. A design patent may provide exclusive rights for up to 14 years. Patents may be awarded in three different ways.
Utility patents will be issued for new, original innovations for methods, machinery, manufacturing, a composition of matter, or an improvement to a prior invention.
A design patent may be obtained for a unique decorative design of a manufactured object. The protection applies to the product’s look rather than its performance.
Plant patent — A patent may be applied for for the invention or discovery of a novel asexually reproducing plant.
Copyrights
While patents cover unique innovations, techniques, and designs, copyright protects both published and unpublished works. This may include items such as:
Literature.
Music.
Art.
Architecture.
Software.
Choreography.
The owner of the copywriter will additionally maintain exclusive rights, including the rights to:
Recreate the work.
Create derivatives.
Distribute duplicates.
Display your work in a public place.
Carry out the task in public.
There may be some overlap between a copyright and a patent, in which case the applicant may profit from filing for both. This often happens in the case of a design patent, when the ornamental design qualifies as both a unique patented design and a work of art that may be copiedrighted.
Trademarks
A trademark is used to protect the following:
Words.
Phrases.
Logos.
Symbols.
It may also be used to safeguard other devices used to identify services or commodities from competitors. A trademark grants the owner the exclusive right to use an image, phrase, or mark and prevents rivals from inventing symbols that are sufficiently similar to create brand confusion.
How Can a Product Name Be Patented?
You will need to follow numerous actions in order to patent your product name. You must do the following:
Determine what you need — A name may be protected by a trademark or a service mark. You will need to create a trademark if you are developing a symbol for a product. You will use a service mark if you will be delivering a service.
Select a name — Choose a name that is distinctive and simple to spell, but not very popular.
Conduct a search – You must conduct a search to see if the name has been protected by other trademarks. If you locate one that is comparable, you may want to consider another.
Determine your service class – Your filing costs and application procedure will be heavily influenced by the class of service into which your name falls.
Fill out and submit your application — You must complete your application and submit it along with the needed fee. If the application is not accepted, the cost will be reimbursed. It is conceivable that an application may be denied due to minor flaws, thus it is suggested that you employ an attorney to help you.