Posts by Invention101:
You know what they say about assumptions, right? Too often, people make assumptions about patents, trademarks, copyright.
Intellectual property (IP) is divided into three types, patents, trademarks and copyrights. First, patents protect inventions. Trademarks protect the names of those inventions. Copyrights protect written materials. Be certain that when you are consulting with an attorney or investor about your intellectual property, you are able to speak intelligently. Expressions such as, “Oh, I want to patent my brand” or “I want to trademark my invention” sound like fingernails going across a chalkboard to an IP attorney.
Avoid making assumptions to ensure:
- You don’t waste your time consulting an attorney on something that you don’t own the rights to.
- You don’t spend unnecessary funds and invest them in your IP wisely.
Patents are a type of intellectual property that protect inventions. If you want to find out more about patents, you can visit to www.uspto.gov (United States Patent & Trademark Office). They do a great job of providing generic and free information. Don’t forget to consult with a qualified IP attorney to discuss your specific issue. Remember, Google is not your lawyer! LOL!
THERE IS NO PERCENT RULE
Inventors often ask, “What percent do I need to change the invention so that I can get a patent?” Often, inventors assume that they can invent something or that they can patent something by changing a percent of something that already exists. That is one of the biggest assumptions that people make and it’s very wrong.
Here’s the truth about patentable inventions:
- When you invent something, the invention is required to be useful and solves a problem.
- The invention is required to be novel or new. If you notice that something already exists that’s identical to what you’re doing, even if that person has not filed a patent application on that invention, you can’t file it because your invention is not patentable.
- The invention must be non-obvious. That is, would it be obvious to one of the ordinary skilled within the art, to take what’s out there and combine it to make the invention.
For example, changing the size, shape, color, material or attaching a button instead of a zipper on something are typically obvious changes such that an invention would not be patentable.
What is another patent assumption you’ve heard?
What an accomplished feeling to learn that your novelty search revealed that your invention is patentable. However, will the USPTO agree? Hopefully, they will eventually grant you a patent, but anticipate the time it takes for this to happen and be prepared for the back and forth process of responding to Office Actions. When you […]
So, I have been so busy correcting mistakes! None of you should be Do-It-Yourself-ing (DIYing) your trademark applications. Here’s why! Most people do not understand the trademark application process, they don’t understand the protection they have when they secure a federal trademark, and they are unsure of how to enforce and police their trademarks. What’s the […]
Ready to take your business to the next level? Let’s talk about the perfect #pitch! Whether you like it or not, people are judging you and forming decisions about you within the first thirty seconds from the time that they meet you. People want to work with people that they like! So, if you’re in the corner […]
What is networking? Networking is casting your NET and WORKING so that you close the holes of your net! Wouldn’t it be great if you could just launch a business and have customers lined up out of the door so that you sell out of your inventory the first day of sales? It’s not impossible, […]
After the mark registers on the Principal Register at the USPTO, you are required to maintain that trademark. Hopefully, this is not news to you if you’re a trademark owner! The beauty of trademark protection is trademarks last as long as you use them and maintain them. Once you get a trademark registration, it’s up […]
Ready to learn more about the trademark timeline? Now, what exactly is the trademark timeline? The trademark timeline is what will happen after a trademark application is filed. First, it’s important to be clear on what you can file at the USPTO to get federal trademark protection. A trademark is a source identifier. This can […]
You know what they say about assumptions, right? You make an #$@.. You get my point! Well, keep reading so you don’t make assumptions that can jeopardize your patent, trademark or copyright rights. First, there’s no percent rule! Congratulations on your invention but never ask a patent attorney, what percent you need to change an invention […]
Great! You’ve invented the next best thing and now you’re ready to tell the world. Slow down! Did you know that if you disclose your invention to others you may lose the right to file a patent application to secure patent protection for your invention? Once you disclose your invention, you have one year to […]
Thank you for following The Law Firm of Andrea Hence Evans, LLC on instagram, periscope and twitter! We’re excited to announce that you can now follow the Firm on YouTube! If you enjoy our pictures, tweets and live videos on periscope, you will LOVE our YouTube videos! Check out our page and SUBSCRIBE while […]