Exploring Patent and Trademark Needs

If you are beginning a business that is offering a new product or process or if you are processing a known product in a new way, you may be facing issues of obtaining patents and/or trademarks.

This is a complicated field, a specialty in the legal profession, and involves a massive government operation, the U.S. Patent and Trademark Office (PTO), as well. The process revolving around obtaining patents is lengthy and expensive. Rather than be intimidated, however, it is best to simply begin doing your homework – and the legwork required to get the ball rolling.

The PTO Web site is probably the best resource for you at almost any stage of the patent or trademark process. It has links to packages of information you need as well as to other resources and agencies that can be helpful. Use it whenever you have a question: www.uspto.gov.

Some basic information may be of assistance to you. However, if you indeed need to obtain a patent or develop and register trademark, you should seek legal advice or begin patent searches (for similar products in existence) on your own or with the guidance of someone at a research library, your local library or a service-providing agency.

Patents
The Small Business Development Center (SBDC) offers explanations of two types of patents that might apply to your enterprise:
  • Utility patents or general patents, which are obtained for a new process, machine, article of manufacture, composition of matter or any new and useful improvements thereof. The period of time covered by the patent is a maximum of 17 years.
  • Design patents, which protect the appearance and design of an item rather than its function. This patent covers a maximum of 14 years.
Several characteristics must apply to the “item” for which you are seeking a patent. It must fall within the proper parameters for patents, pass a test of “novelty,” pass the test of “non-obviousness” and have utility.

There are laws covering a person’s (or employee’s) patent rights as well as those of companies. For these you need to consult an attorney or further pursue patent information on your own. You also have restrictions covering how much you publicly use or talk about (in print) an invention or if you sell it.

To fully benefit from your invention, you need to establish your rights in a legal manner. During the process of development and implementation/practice, you should clearly document your steps. Timeliness in progress on your ideas is also an important factor.

The patent search can be carried out by you, an attorney, a patent agent or another agency that performs that work. You might consider doing a preliminary search on your own. Public or university libraries that have collections of most patents issued are designated as Patent Deposit Libraries. You can save money by searching for yourself, but it is good advice to make an appointment with a reference librarian who can explain how to conduct your search.

For a fee, you can order copies of a patent or the patent numbers you find listed. For further information on this, contact the U.S. Patent and Trademark Office, Washington, DC 20231; or go to their Web site (given earlier) to order copies.

Trademarks
A company may register its trademark, which is a “word, name or symbol” used to identify a product and distinguish it from those being sold by other companies. For products sold within the state, a business can usually register through the Secretary of State’s office. For outside of the state, trademarks can be registered through:
U.S. Department of Commerce
Patent and Trademark Office
Washington DC 20031

Again, the PTO Web site is your best resource for information.