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WHAT
YOU NEED TO KNOW
A lot of products have been patented and most have never made
it to the market place. Most were good ideas, but lacked function,
competitiveness or possibly missed their market timing.
While many will encourage you to go for a patent right away
with an idea, we would rather suggest a simple review of what
has been done in the past and an analysis of the products marketability
in regard to function , production, price and distribution.
Before you ever start the patent process you need to understand
the difference between a “Design” and “Utility”
patent. Simply put a design patent , for the most part, covers
what it looks like while it performs a function, while a utility
patent covers the function it performs.
Obtaining a design patent is more likely than a utility patent
and is what many “match book” patent companies are
selling. The cost of obtaining the two types of patents are
similar, but the future value will be far less for most design
patents.
If a product only has potential for “design” protection,
your money might be better spent quickly bringing the item to
market and filling for a “provisional” patent which
buys you a year start up time in which to determine if you want
to apply for a patent based on its success.
You also need to be aware that their are no “Patent Police”,
you are responsible for bringing your own legal enforcement
of your patent. There is no government agency that you can call
and ask them to enforce your patent.
We encourage you to chase a good idea, but suggested that first
you spend a little time and money on its viability before you
spend a lot of time and money on its patent. This is where we
can be helpful! |
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