The Difference Between Patent And Trademark
by: RexStevenson
Total views: 61 | Word Count: 642
Intellectual Property Rights are laws that concern original creations like writings, inventions, or artistic works. Patent and trademarks are a part of the intellectual property rights and refer to inventions and brand names. The patent refers to giving rights to the people which come up with innovations. In order to receive a patent, the innovation has to be useful, relevant to the public and industry, original, and, of course, it has to function. Inventors can obtain permanent rights as long as they make their inventions open to the public.
Patents are classified into three categories such as:
1. Plant patent- if someone discovers a new plant by combining already existing plants through asexual reproduction they can receive the plant patent. 2. Design patent- if someone designs a certain pattern which is original and useful, they can receive a design patent. 3. Utility patent- this patent applies to all the machines, mechanisms that contribute to industrial development. People who create industrial robots, machines, or electric devices that are useful and help the world progress, will receive the utility patent.
A trademark is a distinct mark which is commonly used by organizations, institutions, or companies. Trademarks are being used to exclusively differentiate goods or service from other entities especially its possible competitors. Typically, a trademark consists of a name, logo, symbol, word or phrase, image, design or combination of the said components. With a patent, you have the right to prohibit other people from creating, utilizing, selling, or trading in a patented discovery. On the other hand, with trademark you have an absolute right with your "mark."
The universal rule for patents is that they are public and can be used by people. However, only the inventors benefit from selling or distributing them. With trademarks there is another story, they are used as an image and advertising method. With a good trademark people will be protected from any frauds. The same thing applies to patent, where people are protected from illegal use of their inventions.
Patents can also bring your money; as an inventor you can sell your invention and gain profit. Also, if you wish you can license it to more companies and you will get a percentage of their profit. When it comes to trademarks, people gain money through the marketing made by the trademark. As long as it is popular and people buy products, companies will have profit.
When you want to obtain a patent there are some steps that need to be accomplished. You have to describe your patent in a document and present it to the patent office; make sure that your description is detailed. Be sure that you include "patent specifications" such as: how the innovation was made, how does it work and where can it be used.
When wanting to obtain trademark registration, people need to get an application form from the PTO or download it from their site. That application has to be filled and, when submitting, it you must also add an image of your desired mark. The next process is similar to the patent process, as you will describe your company activity, your mark and the products that will benefit from that trademark.
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.
About the Author
Your Trademark Law explains everything you need to know about trademarks, copyrights, and patents. It is your personal reference to protecting your business.
Rating: Not yet rated