IP Law 101

As an entrepreneur, you’ve been following an idea for an item you are passionate about and opening a retail shop. You want to protect your brand, so you apply to the U.S. Patent and Trademark Office (USPTO) for a trademark, and the application is denied.

You’ve just designed something new and applied for a patent, now waiting for its approval. Meanwhile, during the patent-pending period – when your application has been submitted but not yet approved – you discover that someone else has just hijacked your design and is already offering the world a better option. What can you do?

Many business owners – both those starting out and those who are more established – have misconceptions about what a trademark accomplishes, as well as how and when to register and then protect one.

When people hear the word patent, images of inventors toiling away in their garage or basement come to mind as they try to build a better product that will make them wealthy for life. Patents, of course, do cover inventions, but they also protect designs and new forms of plants.

An individual’s or business’s ideas, inventions, and creative endeavors are protected by the U.S. Constitution and ensuing legislation regarding trademarks, copyrights, and patents. However, only obtaining official protection through the legal system can sometimes expose you to infringement and illegal reproduction if you fail to exercise due diligence.

A trademark is a valuable asset to a company. Unfortunately, many businesses are vulnerable to trademark infringement. Infringement, however, is not the only threat that your company may be facing. Some businesses may also be at risk of becoming victims of trademark dilution.

Patents, trademarks, and copyrights are vital intellectual property (IP) tools used by individuals and businesses to distinguish their brands and protect their original works and ideas.

Inventors and designers seeking to patent their creations often ask whether it is necessary to submit a prototype with their application to the United States Patent and Trademark Office (USPTO). The answer is generally no, though a prototype may help satisfy the agency’s requirement that patent applications be as detailed and thorough as possible.

In Fiscal Year 2021, ending September 30, 2021, the U.S. Patent and Trademark Office (USPTO) received 650,654 patent applications, down about 3,000 from the year before. In the same year, the USPTO granted 374,006 patents.

A trademark provides an indication of the source or origin of goods or services, and distinguishes the goods or services from those of others. The proper use of trademarks is a major factor in branding or establishing a brand name.