The Difference Between Patent And Trademark

By: Rex Stevenson

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- if someone discovers a new plant by combining already existing plants through asexual reproduction they can receive the plant patent. 2. Design patent- if someone designs a certain pattern which is original and useful, they can receive a design patent. 3. Utility patent- this patent applies to all the machines, mechanisms that contribute to industrial development. People who create industrial robots, machines, or electric devices that are useful and help the world progress, will receive the utility patent.

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 universal rule for patents is that they are public and can be used by people. However, only the inventors benefit from selling or distributing them. With trademarks there is another story, they are used as an image and advertising method. With a good trademark people will be protected from any frauds. The same thing applies to patent, where people are protected from illegal use of their inventions.

Patents can also bring your money; as an inventor you can sell your invention and gain profit. Also, if you wish you can license it to more companies and you will get a percentage of their profit. When it comes to trademarks, people gain money through the marketing made by the trademark. As long as it is popular and people buy products, companies will have profit.

In patent, you seek to obtain a patent and claim it. Primarily, you need to present a written description of your discovery. The description must de detailed. The inventor must describe the uses of his discovery. Most importantly, the inventor must provide specifications of your discovery such as how it was made and how it will be operated. The written description is termed as "patent specification."

If you need an application form to register your trademark, you can download one from the USPTO site or go personally at their office. With the application form the company has to also submit images and designs of their mark. Don't forget to include a description of the products sold by the company or a description of the services it provides.

Both patent and trademark application has its corresponding filing fees. The approval of patent and trademark is being managed by the United States Patent and Trademark Office (USPTO). There are people or institutions who can help you deal with your patent or your trademark registration. For instance "The Investors Assistance Center" is an agency which can help you with topics concerning patent. On the other hand, a professional lawyer who specializes in federal trademark may be of help on your queries about trademark registration.

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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