Showing posts with label intellectual property. Show all posts
Showing posts with label intellectual property. Show all posts

Sunday, June 27, 2010

Types of Patents

There are three types of patents; Utility Patent, Design Patent and Plant Patent. A Utility Patent is used to protect a useful process, machine, article of manufacture or composition of matter, it is the hardest and most expensive to get. A design patent is for protecting the ornamental characteristics of some widget, it is fairly easy to get and much cheaper. The Plant Patent is for protecting a new variety of asexually produced plant. (Information gleaned from the USPTO website)
One common complaint that I have seen in my research of the ‘patent mill companies’ is that they are quick to steer people towards the Design Patent because they are fairly easy to get. The ‘patent mill companies’ can easily push these because most people think that having a patent, any patent, protects their intellectual property, however this is not necessarily true. A Design Patent should only be used when your invention is of some ornamental nature. Let us say a water bottle that has a particular shape, maybe looks like a dolphin. In this case the dolphin shape is what is covered under the patent not the water bottle. Now here is the rub. If you get a Design Patent for some sort of mechanical widget and it is a great marketable idea, all some company has to do is change the way it looks (ornamental characteristics) and mass produce it. They have not infringed on your patent rights because all you had were the rights to the way it looked.
The Plant Patent is exactly like it sounds here is an example;
http://www.lacebarkinc.com/brouchures/dyn1.pdf
My plan is to pursue a Utility Patent for my idea. . .

Wednesday, June 23, 2010

Road Map

A map is nothing more than detailed directions on how to get from point A to point B. If you have ever used MapQuest or a GPS you know that there is a multitude of ways to navigate from one place to another. You can change your preferences to go by certain landmarks or to avoid certain roads. With each new request you get a new map, a new set of directions.
Today I start with an idea and want to get it to market. There are no landmarks I want to see or heavily trafficked areas I want to avoid (not yet anyway). The good thing about directions is you can change them along the way to suit your needs. If you are driving down the road and you see a sign for the World’s Largest Ball of Twine, you can go. After you are done analyzing the string you can double back or just get new directions. This will be my approach.

Idea > Record Idea > Patent Idea > Manufacture Widget > Market Widget > Sell Widget

When I was a child my parents had bought some land in Kentucky. This land was well off the beaten path. We stopped at the local market to ask for directions where I could hear the locals saying things like “turn right at the big oak tree” or “it’s about 10 miles as the crow flies”. I am sure these were great directions if you grew up in this community (or if you were a crow), but they were not so good if you did not.
My point! I know nothing about patent law, patents, intellectual property, marketing an idea, manufacturing, getting something to market, etc. Not yet anyway. Your input will be welcomed.
Thanks!