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A Close Look On Patent Versus Trademark

Jun 13, 2008
The protection of original inventions, writings, processes, programs, or artistic creations is assured by the Intellectual Property rights. The IPR also include trademarks or copyrights; patents are also a part of the IPR and they can be described as exclusive rights given to a patentee. Any patent which gets approved will be original, functional, and relevant for industrial and economical progress. These rights are permanently as long as the inventor makes his invention public.

There are three categories when talking about patents. Here are the classifications:

1. Plant patent- it refers to plants which are created through asexual reproduction. Everybody who makes a new variety of plants will receive a plant patent. 2. Utility patent- it refers to technology and inventions that have to do with mechanisms, piece of manufacture or machines which contribute to industrial and economical development. 3. Design patent- this patent refers to designs and is given to anyone who creates a unique, useful, and new design for an article of manufacture.

Trademarks are signs or words used for identification of brands. Their purpose is to make the clients aware of the goods they buy and help them recognize certain well known brands. People who own trademark rights are protected from anyone who wants to steal their business name in order to obtain profit. On the other hand, people who own patent rights can deny anyone to make replicas of their invention, sell it, or distribute it without their permission.

The government obliges people who have patent rights to make their inventions public. On the other hand, trademarks are a form of advertising and marketing for any company who wants to sell their products as unique. The connection between a trademark and a patent is the fact that they both give their owners exclusive rights making it illegal for other people to copy or use them.

You may gain profit. On the patent part, you as an inventor or patentee have the right to sell your discovery. Additionally, you can have your patent licensed in one or more parties for you to obtain some percentage from the selling price. On the other hand, on the part of trademark, entrepreneurs gain profit by it since trademarks are commonly utilized as a marketing tool. The more people who purchase or uses goods or services, the more monetary benefits you will have.

When you want to obtain a patent there are some steps that need to be accomplished. You have to describe your patent in a document and present it to the patent office; make sure that your description is detailed. Be sure that you include "patent specifications" such as: how the innovation was made, how does it work and where can it be used.

For trademark registration, you will also have to complete an application form which can be downloaded in the website of the Patent and Trademark Office. The application form can also be obtained from the physical office itself. Together with the application form, you will submit a piece of paper with the illustration of your "mark." Additionally, just like in patent registration, you also need to give a description of your trademark or service mark as well as on what goods or services it will be utilized.

Make sure that you don't forget about the fees charged when registering a trademark or obtaining a patent. Also, you will need to find a person who will advise you during the process in order to make things easier. You might want to hire a trademark lawyer for trademarks or a patent lawyer for patent registration. Also, if you need more information you can find it at The Investors Assistance Center.

Our ideas, no matter if they are inventions or signatures on our products, must be protected by our society in order to assure economical progress, cultural and social development. A discovery is not only for one person's use, all people should benefit from it; by protecting it, that thing can be assured.
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Your Trademark Law explains everything you need to know about trademarks, copyrights, and patents. It is your personal reference to protecting your business .
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