Patent Trademark

The person applying for a patent trademark, described as a name, symbol, word or device distinguishing the patentee's goods from others, will own the grant of property right exclusively, keeping others from making, using, selling or importing as their own. It's important to know the proper filing category before filing.

Inventor Tip:

Registering your idea early could be vital to keeping your rights. Sometimes it's a race to the patent office, as was the case with the telephone with two patents being filed the very same day. Do you even know the name of the OTHER guy?

Knowing the Proper Filing Category For the Patent Trademark

There are three kinds of patent trademarks available to the inventor. They are Utility, Design, and Plant patent trademarks, all very different and important to the person filing.

Applying for a Utility Patent Trademark

If the patent trademark being applied for relates to a new or useful process, machine manufactured article or a different composition of matter or relation to any new or otherwise useful improvement of a product, it probably will be granted by the United States Patent and Trademark Office (USPTO) as a Utility patent trademark.

The Design Patent Trademark

A patent trademark filed in the Design patent trademark category would encompass any new ornamental or original manufacturing article.

Applying for a Plant Patent Trademark

A patent trademark could be granted for any variety of plant life that is distinct, new, or asexually reproduced and has never been seen before.

Rules to Follow After a Patent Trademark is Acquired

Once a patent trademark is granted, the patentee must maintain their patent trademark by paying the maintenance fees and during the course of ownership, the patentee may not sell or import the invention for which the patent trademark was granted outside the United States. The United States Patent and Trademark Office states that the patent trademark is only effective in the United States, U.S. territories and U. S. possessions. Under certain circumstances, however, adjustments may be available if needed.

Enforcing Your Ownership of a Patent Trademark

Enforcement of the inventor's patent trademark is solely up to the owner. The USPTO will no longer aid the inventor in any dispute once the patent trademark be granted. Keeping abreast of the rules governing the ownership of the patent as long as ownership is in force, usually 20 years from the time the patent trademark is granted, is also a good idea.