Using Several Intellectual Property Protection Options

Often, when an inventor develops a new product, he or she thinks in terms of obtaining a patent. A good patent law firm can point out when your new invention or product needs to employ several options to best defend your product.

Here's an example: Let's say you've developed a new kind of sneaker. It employs a radical new foot support structure, has a unique outer design and carries your logo on its side. Your patent attorney may decide you need to file for a utility patent to protect the foot support structure, a design patent to protect the unique outer design, and a trademark to protect your logo.

An experienced patent law firm will recognize these needs as they carefully examine and evaluate your new intellectual property. Using complementary protections are not too uncommon, and will present your invention in its strongest possible light.

The Drawbacks of Obtaining a Patent?

By applying for a patent, you must disclose everything about your invention, something some companies find unacceptable. Take the Coca Cola company, for instance. The formula for Coca Cola is one of the world's best-kept trade secrets – unprotected by law. Only a handful of people in the world know the recipe.

Why would Coca Cola want to leave their most precious asset so unprotected? Patents are granted for only 20 years, but a trade secret can be kept for an eternity. And the patent process mandates that you disclose everything about your product, leaving the recipe in the public domain before too long.

Most products can be more easily imitated that Coca Cola, whose individual ingredients are not as easy to take apart and copy. For most others, obtaining a patent is the right choice to make.

Patent Lawyer vs. Patent Agent

Now that you've made the wise decision not to file your own patent application, you're faced with who will file it for you.
Both patent lawyers and patent agents are equally qualified to research and write your patent application for you. Both have taken the same qualifying exam with the United States Patent and Trademark Office. Here are a few differences, though:
- A patent agent works only on patents. They cannot assist you with trademarks or copyrights.
- A patent agent cannot represent you in court.
- A patent agent will cost considerably less than a patent lawyer.

If you have a situation in which you expect not much controversy in the future and do not require trademark assistance, a patent agent could be your answer. You can always hire a patent lawyer further down the road.

See What Others Have Done

If you're interested in trying out invention patenting for yourself, try to look at several previously successful patent applications. Find patent applications that are in the same general area as your invention. Pay attention to how the application is put together, how the invention is described and what any accompanying drawings look like. By studying other applications, you'll make your own invention patenting process go more smoothly.

How to Apply For a Patent

The patent application has three parts:

1. Specifications: This is a complete written description of your invention. It must be written so that anyone skilled in the subject matter could recreate your idea and use it. Nothing must be left out. You must name all of the operative parts of your invention. You will also submit a signed declaration that you believe yourself to be the first inventor of the product or process.

2. An illustration or drawing of the invention showing every feature described in the first part of the application.

3. Your filing fee. Fees are different for the differing types of patents and they also change periodically. You should check with the US Patent & Trade Office or with your patent attorney.

Enforce Your Patent

Invention patenting doesn't guarantee that nobody will be able to steal your new product ideas. After obtaining an invention patent it's up to you to make sure that your invention patent is enforced. The government will not be looking out for products that copy yours. If you believe that another new product idea is based on your own, consult a lawyer for advice on how to proceed. You can also call the USPTO hotline at 1-866-999-HALT for information about protecting your patent rights.

How to Patent Product Enhancements

When a company desires to patent inventions that are not wholly new, but enhancements to an original invention or product, it is not necessary to file for a new patent. A continuation, continuation-in-part or divisional applications are options your patent attorney may choose to pursue.

A continuation application is a patent application filed when there are additional claims to an invention whose patent has not yet been issued or abandoned. This type of application is most useful when a patent applicant hasn't exhausted all of the useful ways of claiming a product's uses.

A continuation-in-part is an application in which the applicant adds matter not disclosed in the original parent patent. It repeats much of the original patent's specifications and is a more convenient way to claim enhancements that were developed after the parent application was filed.

A divisional application claims a distinct invention based on important parts taken from the parent application's specifications. A divisional application is sometimes necessary when a patent's claims are too broad to defend it as a single invention.

The Advent of Patent Pools

If your invention work is within the science or technology field, an interesting development contributing to the speed of technological advancements is the patent pool. A patent pool is an agreement between two or more patent owners to license one or more of their patents to one another or third parties. A patent pool allows interested parties working on science inventions to gather all the necessary tools to practice a certain technology in one place.

The idea behind this is that by allowing access to patented technologies, it will remove impediments to the development of other vital products and processes using those patented ones. For biotechnology and pharmaceuticals, patent pools aid in the quick development of new drugs, tests and therapies that improve people's lives.

The High Cost of Patent Infringement

Patent, trademark or copyright infringement is when a person or company uses a protected invention or creation without the permission of the rights holder.

If you follow patent law, you may have noticed a trend towards massive infringement settlements. Our economy, now heavily dependent on knowledge-based industries such as software, telecommunications, biotechnology, and pharmaceuticals, takes infringement very seriously. A single patent, infringed, can mean the difference of millions of dollars lost or won in litigation – and even more in terms of long-term revenue and profit.

The piracy of business software alone costs US companies more than $12 billion a year, according to estimates from the Software & Information Industry Association (SIIA) which is the principal trade association for the software and digital content industry. And most of this software piracy takes place most commonly in the office.

Interviewing Patent Attorneys

When you are looking around for a patent attorney for your new product idea, ask each one about their area of expertise. If they are used to doing searches and writing opinions on electronics, they won't be as much help with your board game invention. Keep looking until you find a patent attorney who is used to working with inventions in the same category as yours.

You'll also want to make sure that your patent attorney is registered with the PTO. It is generally recommended to go with a patent attorney who charges a flat fee. Don't go with a patent attorney who wants to charge you for your initial interview.