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Business Law

What to Do with New Invention

In order to obtain protection for your invention, you need to go through the process of securing a patent. This is a process that can be extremely complicated, and any mistake can lead to expensive and time-consuming results that could ultimately give someone else the time necessary to secure the patent that you seek. Therefore, having a patent agency, such as InventHelp patent invention agency, is highly recommended.

Types of Patents

The first decision that should be made when you seek patent protection is the type of patent you should pursue. Below are the most common choices available:

Utility patent – A utility patent is one that deals with an actual invention. These patents cover something that’s a process, a machine, a manufactured item or a composition of matter, which can be described as ideas that have been reduced to tangible practice. An approved utility patent provides protection for 20 years if it was filed after June 8, 1995.

Provisional application – A provisional application presents a choice for an inventor. This application provides the inventor with a one-year period to explore the invention further in order to determine if it is commercially viable. If that 12-month period passes without filing a non-provisional application, then the protection of the invention is lifted.

Design patent – A design patent allows an inventor to enjoy protection for a new design for an article of manufacture. A design patent only protects the outward appearance of the invention, however, and not the functional features.

Patent Requirements

Regardless of the type of application that the inventor chooses, the law does require that certain standards be met in order for an application to be considered for a full-fledged patent approval. Below are those four statutory requirements or tests:

The statutory classes – Any invention must fall into at least one of five types of valid inventions:

  • Processes
  • Compositions of matter
  • Machines
  • Manufactured items
  • New uses of any of the above

Utility – The invention must be considered ‘useful.’ This means that the invention must actually perform some function, no matter how intangible, and it cannot simply be a working theory regarding some product or phenomenon.

Novelty – The invention must be novel, in that it must be unique and unlike anything that’s already been invented.

Nonobvious – An invention must not be overly obvious to someone who possesses the average amount of skill and knowledge in the particular area of that invention.

Aside from filing a valid application that meets all of the statutory requirements and tests as listed above, the applicant must also pay the filing fee, which can range anywhere between $2,000.00 and $2,500.00. Find much more information about patents and the patenting process on how to patent something with InventHelp article.

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Business Law

How are Intellectual Property Rights Obtained?

Patents are obtained, in the United States, by filing and “prosecuting” patent applications in the United States Patent & Trademark Office. Also inventors can obtain patent rights in foreign countries by filing patent applications in those countries.

Trademarks and Service Marks

Trademark and service mark rights are obtained by being the first to use the mark in connection with the sale of a particular class of goods or services. “Common law” rights are obtained by being the first to use a mark but the rights obtained may be geographically restricted. Federal trademark or service mark rights, which are national in scope, are obtained by filing an application with the United States Patent and Trademark Office. The application must indicate that the applicant has used the mark in interstate commerce or intends to use the mark in interstate commerce. You can always hire professionals, such as patent services InventHelp agency to help you.

Copyrights

Copyrights are obtained through publication of original works of authorship. Copyrights may be registered by filing an application with the Register of Copyrights in Washington, D.C.

Trade Secrets

Trade secret rights are secured by putting in place procedures that are designed to prevent trade secret information from being improperly disclosed to others or improperly obtained by others. These procedures include steps such as requiring employees to sign confidentiality agreements; requiring prospective business partners to sign confidential disclosure agreements; restricting disclosure of trade secret information to employees on a “need to know” basis; marking documents that contain trade secret information with “Confidential” stamps and providing physical security at your place of business (e.g., requiring visitors to sign in and out and keeping confidential documents stored in secure filing areas).

How can I protect my inventions and ideas in foreign countries?

Most of the industrialized countries of the world have signed international treaties for the protection of intellectual property. Lawyer can help you secure patent rights in foreign countries by filing foreign patent applications under the Patent Cooperation Treaty. While the scope of available patent protection may vary somewhat from country to country, patent service InventHelp agency can advise you on patent strategies to maximize protection of your inventions outside the U.S. can also refer you to foreign experts in the fields of trademark, copyright and trade secret protection.