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Standard Protection
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Intro >> ZENware – Prod... >> ZENware Help >> Standard Protection
In researching this industry several philosophies continually stood out, and one in particular with regards to protection and patents. This idea is that before filing for a patent the inventor should make sure that the product is proven to be marketable. Without the verified expectation of success (which comes in varying degrees) the securing of that idea (in the form of a patent) has little value.
The US Constitution, in Article I, section 8, set forth the right of Congress “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
Take a look at formalized protection.
Read an intro about Copyrights at - www.inventionconvention.com/ncio/inventing101/005.html
Read an intro about Trademarks at - www.inventionconvention.com/ncio/inventing101/006.html
Don’t underestimate the value of a Trademark. Matt Yubas has an excellent point that should be considered on this area.
www.mattyubas.com/invention-articles/mattyubas-trademark-for-product-success.html
Read an intro about Patents at - www.inventionconvention.com/ncio/inventing101/007.html
Here is some additional information on Patents:
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
There are three types of patents:
A) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
B) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
C) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
(This was an excerpt from www.uspto.gov/web/offices/pac/doc/general/index.html#patent )
Read a bit more about obtaining patents at - www.inventionconvention.com/ncio/inventing101/015.html
Patent rights are granted for 20 years after filing. Beyond that 20 year time period the ‘idea’ or patent becomes public domain. This ‘public domain’ status means that no one can obtain exclusive rights to that exact patent and it is open to anyone’s use.
Just like trying to find a good mechanic in a new town you are up against finding a good attorney. As the saying goes “Sometimes you have to kiss a lot of frogs before you find a prince.”
A starting resource can be found at www.mattyubas.com/invention-resources/patent-attorney.html
Zen Engineering
3786 La Crescenta Avenue, Suite 107
Glendale, CA 91208 USA
Phone: (818) 957-7939
Email: info@ZenInRoadsEssentials.com
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