by Kim Remesch

Created on: November 01, 2006   Last Updated: February 06, 2012

-It is the truly wise man who knows what he doesn't know.- When it comes to the field of inventing which is naturally full of false hope and snake oil salesmen, this adage means everything. This article is a sort of primer on things you should know about the patenting process, long before you invest time in developing your product or seeking legal advice:
*
The day is finally here-your invention is done! You hurry out of the basement workshop and grab the nearest phone, dialing the number of an inventors' networking association. "Hi, I need some help to patent my invention," you tell the person who answers. "I've got this really nifty kitchen device, and I have a great name for it, but I want to patent both the name and invention before anyone steals my idea. Can you help me?

When the person on the other end of the line tries to explain that product names cannot be patented, you say, "What about the recipes that go with it? I just have to patent those, too!" You are told that recipes can't be patented, either; you need a trademark.

Trademark? Patent? What's the difference? Though the association member patiently tries to explain the difference, by the time you finally hang up, you have a sinking feeling that you're still not sure what you're doing.

You're not alone. Inventions are protected in a variety of ways, such as design or utility patents, trademarks and non-disclosure documents. Additionally, certain aspects of an invention are covered under copyright law. Throw in "foreign rights" and "treaties," and the confusion grows. You should get the terms straight before you take your product to a patent attorney or to an inventors' group, so you can spend your time discussing options instead of semantics.

The Elements of Protection
A new product can be protected by a patent, trademark or copyright. Copyrights cover expressions such as writing, music, art and some computer programs. Inventors don't usually need a copyright, but if your work seems to fall into one of these categories, contact an attorney in your area by calling your local bar association.

Trademarks identify a product as belonging to a company or an individual. Slogans and company logos are good examples of trademarks; certain product design elements may be appropriate as well.

To illustrate how different forms of protection can overlap, the popular barbecue grill by Weber-Stephen Product Co. is covered by both a design patent and a trademark. Since most consumers can recognize a Weber product by

• 1
• 2
• 3
• Next Page >>