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Intellectual property is like regular property. You own an idea, not land or physical items.
The types of IP are patents, trademarks, copyrights, and trade secrets. Each of these four protects a different aspect of your idea. Together, they are "intellectual property" (or IP).
Competitors can exploit your inventions unless you secure intellectual property rights.
Without IP, competitors can copy your design, steal your customers, or take your name and logo.
The type of IP protection your business needs depends on two factors. The first factor looks at what you are selling (products, services, software). The second factor looks at whether you are a type 1 or type 2 business.
We have a full blog post that goes over everything in 15 minutes or less for every type of small business here.
First, book a meeting to get a free patent search here.
Next, pick a meeting time on the following page.
Finally, fill out the invention nondisclosure agreement (INDA) and the invention disclosure agreement before the first meeting.
We look forward to working with you!
You can do a patent search to figure out if anyone has already done what you thinking about doing.
The best practice would be to use the USPTO's own search engine that an examiner would use. Also, make sure to use the same CPC codes and search syntax used in the art unit of your invention. This makes your search as close to a real patent search as possible.
If you want a free patent search from a former patent examiner, click here.
The cost of a patent application depends on two things. It depends on the invention's complexity and the patent strategy the inventor chose. A single U.S. patent application usually costs between 5-30k.
A fixed fee is provided after the patent search and strategy are chosen for your business.
If you want a free patent search from a former patent examiner, click here.
For some types of IP, it may be completely reasonable to file yourself. For other types of IP, it could be a disaster.
For example, it may be easy to file trademarks for your brand name and logo. You might save money by filing without professional help.
Some things, such as patent filings, are best left to a licensed attorney. A quality patent holds significantly more value than a hastily filed one.
A patent is an asset for your business and increases in value as your business grows. A low-quality patent depreciates in value over time and risks invalidation.
All communications between you and your attorney have a general attorney-client privilege. They also have specific patent privileges under 37 CFR § 42.57.
However, we know that the security of your idea is a top priority. That's why we send you a pre-signed invention nondisclosure agreement (INDA). We do this before getting any information about your invention.
The average time it will take to get a patent is 22 to 30 months from the date you file your patent application.
The U.S. Patent and Trademark Office aims for a first response within 14 months. Then, it aims for 4 months for each response after that. However, whether they succeed depends on the backlog in your art unit.
So, this time frame will vary. It depends on the type of patent you want and its complexity. The current average time across art units is 24 months from the date of filing.
No, there are no worldwide patents. Patents only protect an invention in ONE specific country or region.
You can file an international patent under the Patent Cooperation Treaty (PCT). This doesn't give you rights in any country but extends the time you have to file.
A PCT patent application extends the foreign filing deadline by 18 months. It gives applicants 30 months to file in foreign countries instead of 12.
There are two things you can do with your patent.
Keep Competitors Out
Prevent competitors from making, using, selling, or importing your patented invention.
Make Competitors Pay
Profit from your patented technology by licensing the rights. You can make your license revokable by you (take back the rights at any time), cut off certain channels of commerce (no amazon sales for them), or even limit your competitors to a small geographic area (only allow them to sell in Virginia).
P.S.
If you want to hear how your patent can pay for itself immediately, we have a blog post about that here.
No, you cannot renew a patent to make it last longer than the 20-year term.
However, if your patent lapses within 20 years, you may be able to revive it. Some call this a renewal, but it is just bringing your dead patent back to life.
You can only extend your patent rights by filing for modifications and improvements. This will start a new 20-year term.
A trademark is anything that reminds a consumer about your brand. Usually, this is your company name and logo.
However, trademark protection can include sounds, scents, colors, or the layout of a store (think of apple's store layout).
Copyright law protects artists and their original works of authorship. These include literary, dramatic, musical, and artistic works.
If you have a book, play, musical, or song, then Copyright law is the type of protection you need.
Trade secret protection requires two parts. First, it must be information that has economic value because it's not generally known. Second, the information must be protected by reasonable efforts to keep it secret.
Business information
EX: Customer lists, distribution methods, supplier lists, client lists, advertising strategies, pricing structures, marketing strategies, etc.
Formulas
EX: Coca-Cola's syrup formula, KFC's original recipe, and McDonald's Big Mac sauce.
Software
EX: Google's search algorithm, Amazon's recommendation algorithm.
There are three types of patents. Utility patents, which cover functional inventions (what it does), design patents, which cover ornamental inventions (how it looks), and plant patents, which... cover plants.
Utility patents include provisional and non-provisional patents. A provisional patent is a placeholder for the nonprovisional. It can lock in your priority date and buy you more time.
If you want a patent, you should get a free patent search from a former patent examiner, by clicking here.
In the U.S., utility and plant patents last 20 years from the filing date. Design patents last 15 years.
A prototype is not required to get a U.S. patent. However, prototypes can show how your idea would work in practice. They highlight what does and does not work.
If you have a prototype already, and want a free patent search from a former patent examiner, click here.
