Patent Trademark Law For Dummies In Illinois
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Trademarks, on the other hand, are not concerned with how a new technology is used.
Patents can protect the functional features of a process, machine, manufactured item, asexually reproduced plant, or composition of matter, for example. TRADEMARK LAW. Trademark law protects words, phrases, logos or symbols used to distinguish one product from another.
The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. These are all things that help distinguish them from other cola brands and define their individual product. Coca-Cola also owns the patent on their formula.
Patents deal with inventions, while copyright deals with the creation of ideas and original works of the author, whether in literature, drama, music, art etc. Other differences have been explained in the article.
Instead, patent attorneys aim to settle IP disputes outside of court through means such as cease and desist letters, opposition proceedings and revocation actions. Conversely, IP lawyers specialise in the legal and commercial issues that are associated with IP.
Differences Between Patents and Trademarks Patents prevent others from making or selling an invention. Trademarks give the owner exclusive use of certain images and phrases. You commonly see brand names trademarked with a ™ or ® if federally trademarked next to the name.
Understanding the different types of intellectual property is an important knowledge that all in-house counsel should master. Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.
When to Patent: If your invention has a clear market potential and offers a significant competitive advantage, pursuing a patent might be worth the investment. Additionally, if your product is easily reverse-engineered or replicated, a patent could provide necessary legal protection.
Assuming that a patent is available for the subject matter of your concept, that's the way to prevent others from pursuing the same product concept. A trademark, however, is useful—and often crucial—when you are building a brand for your product or service.
