Many trademark applications can be handled by the business owner. Some of the common questions asked are answered below. For more complex issues or just to make sure that your application is right the first time, give me a call and I can help.
The basic process of applying for a patent is on-line through the USPTO website. xxxxxxx. Contact me to discuss your particular product or service before you file so I can advise you on the best approach.
The basic patents are a Utility Patent, a Design Patent and a ....
There are two items in the question that need to be addressed:
First - you cannot patent an idea. You must make (or at least make a drawing showing how it will be made) a real version of your idea. Only then can you patent it.
Second - A patent will deter others from making money off your idea without compensating you.
First, you need to make sure your idea is 'unique'.
Things you can make or do.
A U.S. patent runs xx years but can be renewed....
Any unauthorized use of the same idea for similar products would be patent infringement. The basic test is xx
There is no patent police. It is your responsibility as the patent owner to monitor for and identify any infringement. In most cases a ‘Cease and Desist’ letter from an attorney is enough to stop the infringement or trigger a discussion about licensing terms.
Yes. Patents can be licensed.
A U.S. patent does not protect your idea in other countries. International patent protection is available on a country-by-country basis. A patent attorney can assist with the planning and execution of international patents.
Note: Pursuing cases of international patent infringement can be very complex and expensive. Only large multi-national corporations typically pursue this action. For small companies, the best strategy typically is to enforce the patent on any imports into the US, but even this can be complex and daunting.
Patents are awarded to the first person to apply for the patent - not the first to think of the idea. If someone applied for the patent before you did, then they get the patent. IF you have some proof that you were using the idea prior to their application, you might be able to get the patent revoked. That way you could use your idea without having to pay licensing fees - but then so can the other person.
The two basic ways to profit from your idea:
1 - Make and sell the product. Your patent will prevent anyone else from making the same product.
2 - Sell or license your patent to someone else so they can make the product.