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    David's Weekly Blog Spot

    My frequent BLOGS will focus on becoming master of your mind by sharing personal experiences. "Attending school you are taught a lesson and then you are given a test...........
    In life you are given a test through your personal experiences that teaches you a lesson.
    -- Dave

    Protect Your Invention or Brand With a Patent, Trademark or Copyright
    Category: Weekly Thoughts
    A patent is an exclusive right given to the inventor by the government to manufacture, use, or sell an invention for a given number of years. However, you first have to know which type of patent to file. They can be separated into design and utility.

    A design patent protects the looks factor of an invention. This design, appearance makes this invention different and unique from the rest. Once you get done filing your invention will be marked as "Patent Pending". To issue a utility patent the first step is to convert a provisional application to a non provisional patent application.

    A provisional application protects how your invention is made or works. This is generally less expensive but gets expensive if you're considering converting it to non-provisional application. The time period that is allotted to make this conversion is 12 months from the date of filing for a provisional application. The filing process has become simpler with the online patent application facility. You have to file with the U.S. Patent and Trademark Office (USPTO).

    On conversion remember that added claims have to be supported by original disclosure in the provisional application. If you don't disclose claims, there can be major consequences. A utility application has a term of 17-18 years from the date of issue. The patent search option is steadily gaining importance. The first benefit is that it ensures total protection for your invention. Secondly, it will save a lot of time and money towards the application process. This is a means of ensuring that the filing process is in your best interest.
    Few other related services that help protecting your invention include trademarks and copyrights. A trademark is used to protect a brand name. A trademark can include any symbol, word, name that helps to distinguish one seller from another. For any help, intellectual property attorneys will help draft, prepare and file your trademark with the USPTO.

    A copyright protects the original work of the creator. The creator will have exclusive rights generally for a limited time. Incase his or her work is being used then the creator has to be credited. Anyone who financially benefits, adapts need to inform the creator. A copyright is a form of intellectual property applicable to information or ideas. Get the assistance of experienced attorneys in the preparation and filing of copyrights to avoid common mistakes and consequences. So fully secure your invention or brand with a copyright or trademark.
    About the Author

    Posted by Chris S. on 10/31/2013

    Patent Protection for Product Ideas or Inventions, Part 1
    Category: Weekly Thoughts
    I. What is a patent?

    A United States Patent is essentially a "grant of rights" for a limited period.In layman's terms, it is a contract in which the United States government expressly permits an individual or company to monopolize a particular concept for a limited time.

    Typically, our government frowns upon any type of monopolization in commerce, due to the belief that monopolization hinders free trade and competition, degrading our economy.A good example is the forced break-up of Bell Telephone some years ago into the many regional phone companies.The government, in particular the Justice Department (the governmental agency which prosecutes monopoly or "antitrust" violations), believed that Bell Telephone was an unfair monopoly and forced it to relinquish its monopoly powers over the telephone industry.

    Why, then, would the government permit a monopoly in the form of a patent?The government makes an exception to encourage inventors to come forward with their creations.In doing so, the government actually promotes advancements in science and technology.

    First of all, it should be clear to you just how a patent acts as a "monopoly."A patent permits the owner of the patent to prevent anyone else from producing the product or using the process covered by the patent.Think of Thomas Edison and his most famous patented invention, the light bulb.With his patent for the light bulb, Thomas Edison could prevent any other person or company from producing, using or selling light bulbs without his permission.Essentially, no one could compete with him in the light bulb business, and hence he possessed a monopoly.

    However, in order to receive his monopoly, Thomas Edison had to give something in return. He needed to fully "disclose" his invention to the public.

    To obtain a United States Patent, an inventor must fully disclose what the invention is, how it operates, and the best way known by the inventor to make it.It is this disclosure to the public which entitles the inventor to a monopoly.The logic for doing this is that by promising inventors a monopoly in return for their disclosures to the public, inventors will continually

    strive to develop new technologies and disclose them to the public.Providing them with the monopoly allows them to profit financially from the invention.Without this "tradeoff," there would be few incentives to develop new technologies, because without a patent monopoly an inventor's hard work would bring him no financial reward.Fearing that their invention would be stolen when they attempt to commercialize it, the inventor might never tell a soul about their invention, and the public would never benefit.

    The grant of rights under a patent lasts for a limited period.Utility patents expire 20 years after they are filed.If this was not the case, and patent monopolies lasted indefinitely, there would be serious consequences.For example, if Thomas Edison still held an in-force patent for the light bulb, we would probably need to pay about $300 to buy a light bulb today.Without competition, there would be little incentive for Edison to improve upon his light bulb.Instead, once the Edison light bulb patent expired, everyone was free to manufacture light bulbs, and many companies did.The vigorous competition to do just that after expiration of the Edison patent resulted in better quality, lower costing light bulbs.

    II. Types of patents

    There are essentially three types of patents which you should be aware of -- utility patents, design patents, and provisional patent applications.

    A utility patent applies to inventions which have a "functional" aspect (in other words, the invention accomplishes a utilitarian result -- it actually "does" something).In other words, the thing which is different or...

    Posted by Chris S. on 10/31/2013

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