Anticipation in patent law
A Close Look On Patent Versus Trademark
Intellectual Property Rights or IPR is a controlled protection for original works such as writing, identifiers, inventions, and processes. Patent and trademark are some of the many types of intellectual properties. A patent is an "exclusive right" given by a state to a patentee. An approved patent is usually an invention which is original, creative, functional and most importantly "industrially relevant." The right is being given in a permanent duration as long as it is made known to the public.
Patents are classified into three categories such as:
1. Plant patent- it refers to plants which are created through asexual reproduction. Everybody who makes a new variety of plants will receive a plant patent. 2. Utility patent- it refers to technology and inventions that have to do with mechanisms, piece of manufacture or machines which contribute to industrial and economical development. 3. Design patent- this patent refers to designs and is given to anyone who creates a unique, useful, and new design for an article of manufacture.
Trademarks are a sort of signature used by different companies on their products. They are used by companies in order to eliminate confusion when people are buying certain products. Trademarks usually are names, symbols, or images that give a company exclusive rights for the use of a mark while patent gives you the right to deny people to use, sell, or recreate your invention.
The government obliges people who have patent rights to make their inventions public. On the other hand, trademarks are a form of advertising and marketing for any company who wants to sell their products as unique. The connection between a trademark and a patent is the fact that they both give their owners exclusive rights making it illegal for other people to copy or use them.
You may gain profit. On the patent part, you as an inventor or patentee have the right to sell your discovery. Additionally, you can have your patent licensed in one or more parties for you to obtain some percentage from the selling price. On the other hand, on the part of trademark, entrepreneurs gain profit by it since trademarks are commonly utilized as a marketing tool. The more people who purchase or uses goods or services, the more monetary benefits you will have.
In patent, you seek to obtain a patent and claim it. Primarily, you need to present a written description of your discovery. The description must de detailed. The inventor must describe the uses of his discovery. Most importantly, the inventor must provide specifications of your discovery such as how it was made and how it will be operated. The written description is termed as "patent specification."
If you need an application form to register your trademark, you can download one from the USPTO site or go personally at their office. With the application form the company has to also submit images and designs of their mark. Don't forget to include a description of the products sold by the company or a description of the services it provides.
Make sure that you don't forget about the fees charged when registering a trademark or obtaining a patent. Also, you will need to find a person who will advise you during the process in order to make things easier. You might want to hire a trademark lawyer for trademarks or a patent lawyer for patent registration. Also, if you need more information you can find it at The Investors Assistance Center.
Protecting the people who own intellectual property is a very important aspect that helps increase the society's cultural and economical development. Making sure that people are well informed about trademark registration and patent registration is a major step in recognizing and using intellectual property rights system.
Your Trademark Law explains everything you need to know about trademarks, copyrights, and patents. It is your personal reference to protecting your business.