It’s a software/hardware device that plugs into a computer. Can’t get my head around which comes first, Copyright, Provisional Patent, and then Trademark’ing the name of the product.
Posted on February 10, 2013.
It’s a software/hardware device that plugs into a computer. Can’t get my head around which comes first, Copyright, Provisional Patent, and then Trademark’ing the name of the product.
To protect an original invention OR a significant improvement to an existing product, a patent would be filed.
NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.http://www.nolo.com/legal-encyclopedia/p… — NOLO – Patent Law & Inventions Pagehttp://www.uspto.gov/web/patents/howtopa… — USPTO’s How to Get a Patent
Associations may be a good avenue to explore. These organizations will address many of the thoughts, questions and concerns you’ll inevitably have as well as many you haven’t anticipated yet.http://www.invention-ifia.ch/ — International Federation of Inventors’ Associationshttp://www.uiausa.org/ — United Inventors Association http://inventors.about.com/od/localorgs/ — Directory of Local USA & Canada Groups
Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:
Getting a Patent:
* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor’s Notebook: A Patent It Yourself Companion by Fred E. Grissom
What to do Next:
* From Patent To Profit: Secrets & Strategies For The Successful Inventor, Third Edition by Bob Dematteis
* How to License Your Million Dollar Idea: Everything You Need To Know To Turn a Simple Idea into a Million Dollar Payday, 2nd Edition by Harvey Reese
* The Inventor’s Bible: How to Market and License Your Brilliant Ideas by Ronald Louis Docie
* The Complete Idiot’s Guide ® to Cashing in On Your Inventions by Richard Levy
There are plenty of free informational resources out there. Check out these articles:http://ezinearticles.com/?Patent—How-T… – Patent – How to Get One by Michael Russellhttp://ezinearticles.com/?How-to-Select-… – How to Select a Patent Attorney by Lisa Parmleyhttp://ezinearticles.com/?How-to-Patent-… – How to Patent Your Invention by Neil Armandhttp://ezinearticles.com/?Can-You-Start-… – Can You Start Selling Your Invention Before Patenting It? by Xavier Pillai
Hope that helps! I wish you much success & happiness in all your ventures!
If that device which involves some software and hardware, then definitely you should apply for Patent.
Provisional Patent Application may be the first step as it is less costly too. However please note that a Provisional Application need to be followed with a Non Provisional Complete Patent Application within 12 months of filing the Provisional Application or it will lapse.
You can read more about Provisional on my website here http://epatents.in/index.php/provisional…
Trademark, Copyright may be done later.
Regards
Pankaj Thape
CEO & Patent Consultant
EPatents IP Services
http://www.epatents.in
What’s a “mocked up product”? You mean you have an image of a device? You would automatically own the copyright of that image, for all the good it will do you. You can apply for a patent on the ornamental appearance, if you want to.
There is no such thing as a “Provisional Patent”. To obtain a utility patent on an inventive function or device, you need to file a non-provisional application. The patent application would necessarily include a complete description of what the invention is, how it works, and what’s new about your creation. You must generally file an application (whether provision or non-provisional) prior to any public disclosure of your invention, if you intend to obtain patent rights in any country outside of the USA. Under current US law, you have up to a year after public use or disclosure before filing, after which you permanently lose the right to obtain a US patent. 35 USC § 102.
The name of the product, if distinctive, also has automatic trademark value once you have offered the goods in commerce. You may optionally register your trademark in one or more states or in the USPTO, or you can “reserve” your trademark for a couple of years (until you actually have a product) by filing an application in the USPTO, based upon a “bona fide intent to use” the trademark on the listed goods.
a mock up sounds like it doesn’t work. Trademark can be done any time Copyright can be done by writing copyrignt , your initials and the date on it Patent needs to be a real one, not a mock-up