What Is A Patent?

A patent is a property right granted by the United States government only to the true inventor, excluding all others from making, using, or selling the invention. A patent is granted for a specific term, after which it enters public domain and may be freely used by anyone.

Patents are not issued for business systems, printed matter, or ideas. Patents are also not issued if the invention was sold or publicly known anywhere in the world for more than one year prior to filing.

What Is A Copyright?

A copyright is a form of ownership and legal protection for "original works of authorship." The copyrighted work must be in tangible form.

The Copyright Act generally gives the owner of the copyright the exclusive right to reproduce, prepare derivative works, distribute copies, publicly perform, or display the work of artistic expression. In cases of "works for hire," the employer is considered the owner of the copyright, not the employee.

What Is A Trademark?

A trademark is a word, group of words, phrase, symbol, design, or logo that identifies the source of goods or services. Normally, a trademark appears on the product or packaging, while a service mark appears in advertising for the service. All registered marks are valid throughout the United States and can last indefinitely, as long as the owner continues to renew the mark and use it in interstate commerce.

What are different Patent Classifications?

• Provisional - One-year filing with limited power that can be utilized for certain cases.
• Utility - 20-year term for new, useful, and non-obvious process, machine, manufactured article, composition of matter, or eligible improvement thereof.
• Design - 14-year protection for a new, original, and visible ornamental design of an invention.
• Plant - 20-year grant for asexually reproduced varieties of distinct or new plants, hybrids, and seedlings, other than tube-propagated or existing in an uncultivated state.
• Patent Pending - Terms used by manufacturer or seller of an invention to inform the public that a patent has actually been filed. It is against the law to use these terms falsely.
• Disclosure Document - A registration method provided by the Patent & Trademark Office to record the date of conception. This is not a patent.

Do you always need a prototype for your invention?

Yes and no. It depends on what your invention is and whether you can prove the concept without one.

Can you create a digital version that is good enough to convince a potential buyer?

It depends on what the potential buyer needs to have it approved by their company.