Artists, creators, and inventors get motivated to continue their creativity because intellectual property laws protect their return of investment. Patents and copyrights allow creators to stop an infringer from selling their stolen creations. Creator gets a chance to stabilize a monopoly in the market without direct competition.
Trademark and trade secret both fall under intellectual property category. Trademarks means symbols or logos, which distinguish a manufacturers brand from their competitors. Consumers recognize the mark, which adorns the manufacturer’s products and reveals its standard of quality. Trade secrets include a manufacturing process, which is kept secret. It is done so as to disallow an infringer to duplicate their product or services.
Terms to recognize in the world of intellectual property
License – An agreement, which gives permission to the other person to use your trademark, copyright or patent.
Service Mark – A logo or brand name, which reveals a service and not product.
Work for hire – Artist creates project for the ones who hire him or her means the creation is owned by the employer of the artist.
Trade dress – Unique packaging employed to promote a product rather than service or trade mark.
Prior art – New inventions have to be different and fresh from every prior art.
Patent Agent – A legal representative, who specializes in getting patent protection, for unique inventions
Non-disclosure agreement – An employee or partner who knows the company’s trade secret is disallowed to disclose it to a 3rd party according to the terms of non-disclosure agreement.
When to hire patent lawyer?
The above terms make you seem concerned, so you may feel to look through the best intellectual property lawyers practicing around your locality. It is your first intellectual property and you are tight on budget but patent protection is a necessity for the success of your business.
You can write and submit the patent application of any kind provisional or non-provisional. The issue arises, when an inexperienced creator has to write an application, which satisfies the array of case laws, statutes, and rules related to patent law. DIY people will not find this area of law friendly.
What is provisional and non-provisional patent? Which one you will need to file? Well, provisional patent application is common approach, if artists don’t work with a lawyer.
- Provisional application means a placeholder with USPTO. Examiners don’t review it but helps to secure some patent law benefits.
- Non-provisional application has to be filed within a year of provisional application. Examiners review it and can possibly lead to patent approval.
How to keep your attorney expenses low?
Attorneys offer beginners packages, so go shopping for the right one, which is not fun but vital for budget. Keep in mind that patent process is a long-term procedure and the attorney you select needs to be comfortable to work with. You can visit https://www.klinckllc.com/ for getting the best IP solution.
Include drawings, pictures, charts, and information, which help the attorney to draft a budget driven but proper application. In general, attorney charge on hourly basis, so give relevant information to them. Partially written white papers can cause delays because the attorney has to ask you questions and rewrite. Thus, the hours and fees keep on escalating. Stay focused and it is best to avoid partial disclosures.