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Patents protect inventions - whether part of a product or a complete product. The cost for patenting
something is high - $3,000 to $5,000 is very common - often it is more. Patents only protect you in
the jurisdiction that they were filed. So, a U.S. patent only prevents people from manufacturing or
selling a good in the U.S. that contains your invention. If your patent has high value, consider patenting
it in other countries as well. Also, the patent application must be carefully written to
fully describe your invention, or others will find a way to get around your patent.
You should also be prepared to pay annual fees to maintain your patent. Finally, patents are only valuable if you are willing
to defend them against illegal use. All these factors point to the reason that professional patent
attorneys are usually hired. Despite that, you can do some of the work to lower your costs. See Resources
below.
Click here for a quick overview of patents, developed by the state of Missouri. |
| Before we begin...a warning on scams | |
The US Patent and Trademark Office warns all inventors to be wary of scams. Please read the following brochure
before dealing with anyone other than the US Patent and Trademark Office.
Top Ten Scam Warning Signs: Contact the USPTO before getting Burned
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| 3 types of patents | |
There are three types of patents:
- Utility: A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture,
compositions of matter, or any new useful improvement. To be patentable, your invention must be at least 25% different than
existing items. For further information, visit http://www.uspto.gov/patents/resources/types/utility.jsp
- Design: A design patent may be granted to anyone who develops distinctive visual ornamental characteristics for a manufacturered item.
It must be a definite pattern or shape, applied to an article of manufacture. An example of a design patent would be a
toothbrush manufactured to look like a spaceship, or a toothbrush with psychodelic colors that flash.
For further information, visit http://www.uspto.gov/patents/resources/types/designapp.jsp.
- Plant: A plant patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Recently, there has been an increase in the number of "business method" patents, which protect e-commerce and other data inventions. This is
under class 705. For further information, visit http://www.uspto.gov/patents/resources/methods/index.jsp. |
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| Resources | |
The US Patent and Trademark site at http://www.uspto.gov/patents/index.jsp
allows you to research and apply for patents online. Please remember that the wording (claims)
for patents are critically important and that professionals should be used. Patent applications
are carefully scrutinized and usually rejected for revision by the U.S. Patent Office - so it pays
to do it right the first time.
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| Questions? Where to submit applications | |
For questions, you can call the US Patent and Trademark Office at 800 786-9199. Your
actual application must be mailed to:
Commissioner of Patents and Trademarks
Attention: Patent Application Department
Washington, D.C. 20231
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| Software concerns | |
If you have written software (or have employees who have written software), please consult an attorney
to discuss whether to patent, copyright or obtain trade secret protection! |
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| Trademark vs service marks | |
Trademark registration is designed to protect your logos, advertising slogans, or other symbols
that represent your company. Many businesses use their business name as a trademark or service mark.
A service mark is an advertising mark representing a business and is not attached to goods.
Trademarks and service marks should be adopted and used with care, and registered to put others
on notice of your claim and priority.
Trademark rights and priorities depend mostly on who uses the mark first and where they use it in a
particular type of business. Before registering a trademark, you should search for prior users
(registered with the Patent Trademark office or individual states, or unregistered users) to avoid
later disputes and to ensure that you are investing in a mark with a future. Do not forget trade
gossip and trade journals. Once you have registered a trademark, it is your responsibility to
consistently use it and to watch for (and advise people against) any possible infringements. |
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| What to do | |
You can talk with an attorney experienced in trademark matters or do your own computerized
search with help from your county law library. There are also professional search services
that can do database searches for you or your attorney (typical charge: $200 to $250).
Once you have researched and know that the trademark is available, the cost for registering it is
relatively low (approximately $175). You cannot register a trademark unless it is being used,
and you will lose your trademark protection if you do not continue to use it. If you use your
trademark in multiple states, you should register it with the federal Patent and Trademark Office
at http://www.uspto.gov/trademarks/index.jsp. The process can take close to a year.
If you only use your
trademark within one state or want to put yourself on record more quickly, you can register
it with your state's Secretary of State.
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| Copyrights | |
Copyrights protect written documents, songs, recorded performances, computer programs, and art
work (including advertising). The cost is very low (about $20 per copyrighted document) and it
is easy for non professionals to do - although the more valuable your work, the more worthwhile it
is to have an attorney involved. To request the appropriate form, visit
http://www.copyright.gov/forms/ or call
call (800) 688-9889
and ask for Circular 1 Copyright Basics AND the appropriate form:
- Novels, poetry, articles (TX)
- Serials, magazines, newsletters, newspapers (SE)
- Sound recordings (SR)
- Song lyrics (PA)
- Visual art (VA)
- Correcting or amplifying prior copyrights (CA)
The law is very strict on requiring written agreements if you designate something a work for hire
or if a partner or other assigns their copyrights to a partnership. Please prevent problems by
talking with an attorney before commissioninig any work or using someone's finished work.
Questions about the process or the forms? Call (202) 707-3000 or visit
http://www.copyright.gov/
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