A Close Look On Patent Versus Trademark
Posted by: Rex Stevenson in Business, tags: BusinessIntellectual 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 signs or words used for identification of brands. Their purpose is to make the clients aware of the goods they buy and help them recognize certain well known brands. People who own trademark rights are protected from anyone who wants to steal their business name in order to obtain profit. On the other hand, people who own patent rights can deny anyone to make replicas of their invention, sell it, or distribute it without their permission.
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.
Any inventor can sell its invention or license it in order to obtain profit. By selling it you will lose all your rights on it. However, using the license system helps the inventor obtain a part of the selling made by a certain company. People can also obtain benefits from trademarks, but this is only made through advertisement since trademarks are one of the most important marketing tools for companies.
In order to obtain a patent you will have to present a detailed well written description of it. In that description you must state where your patent can be used, how it was created and how can it be used. This whole description is also called “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.
You shouldn’t forget about the fees charged in patent or trademark registration. The USPTO is the organization that deals with these registrations. Also, if you need any help they can provide the advice. You can also check out “The Investors Assistance Center” for any questions you have regarding inventions and patent. If you want information about trademarks, a trademark specialized lawyer is the person you need to obtain good information.
Our ideas, no matter if they are inventions or signatures on our products, must be protected by our society in order to assure economical progress, cultural and social development. A discovery is not only for one person’s use, all people should benefit from it; by protecting it, that thing can be assured.
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