If you wish to protect your intellectual property, it’s important to be aware of your choices. If you are an inventor, entrepreneur, or business owner, protecting your ideas, inventions, and brand identity can mean the difference between success and failure in a competitive market. At Grell & Watson Patent Attorneys, our attorneys will work with you to educate, inform, and assist clients who need help with the complexities of IP-related legal issues, including Trademark Applications, Provisional Patent Applications, Patent Applications, and Patent Searches. In this blog, we will define these four critical services, explain their importance, and discuss the process of protecting your intellectual property.
Why Intellectual Property Protection Matters
Your ideas and creations are valuable commodities. If you do not adequately protect them, you could lose your competitive advantage to a copyist or infringer. A Trademark Application protects your brand name, logo, or slogan. A Patent Application protects your invention or innovative process. A Provisional Patent Application provides temporary protection for your invention. A Patent Search is a means to make sure your idea is not “patent pending” before investing your time and effort into it. These types of applications will form the foundation for a strong intellectual property strategy.
What Is a Trademark Application?
A Trademark Application is the first step to securing exclusive rights to your brand identifiers, such as logos, business name, or tagline. Trademarks serve to differentiate your goods or services from those of competitors, increasing trust and identification of your brand among customers. After developing content and a designation, filing a Trademark Application with the United States Patent and Trademark Office (USPTO) is a multi-step process as follows:
- Identifying Your Mark: Determine whether your trademark is a work, design, or both.
- Searching for Conflicts: Conduct a trademark search to determine if a trademark has been used or is in use.
- Filing the Application: You will need to file a substantive amount of information about your mark and the identification of goods or services it serves.
- Monitoring the Process: Respond to any objections from USPTO or other third parties.
At Grell & Watson Patent Attorneys, we help you navigate the process to ensure your Trademark Application has been reviewed thoroughly, accurately, and adheres to the expectations of the USPTO. When successfully registered, trademark rights not only protect your brand, but also will add value should you enter into a sale or license to another party.
Exploring the Provisional Patent Application
For inventors, a Provisional Patent Application provides a low-cost way to start the clock on an early filing date with the U.S. Patent and Trademark Office. The provisional application gives you 12 months to develop your idea, test its commercial appeal, or seek investment while holding “patent pending” status. The most important benefits are:
- Low Cost: It is much cheaper than a full Patent Application, and great for startups or independent inventors.
- Flexibility: You can modify your invention before filing a non-provisional Patent Application within the 12 months.
- Priority Date: You have established yourself in line with the USPTO, which is important if someone else files the same or a similar invention before you.
Nonetheless, a Provisional Patent Application does not mean that you will get your patent granted. It does serve as a placeholder for you to pursue your patent application if you file for a full application within the 12-month timeline. We can assist you in preparing an in-depth provisional application that will meet the requirements of the USPTO for you to follow through with a full patent application.
The Patent Application Process
A Patent Application is the official request to protect your invention with a utility, design, or plant patent. A utility patent protects new processes or machines, a design patent protects ornamental designs, and a plant patent protects new plant varieties. The process of filing a Patent Application consists of:
Documentation: A detailed written description, claims, and any drawings (if applicable)..
- Patent Search: Confirming the invention is new.
- Submission: Filing and paying required fees with the USPTO.
- Examination: Responding to the USPTO examiner’s questions or objections.
The process can take years, but once approved, a patent allows you to exclude others from making, using, or selling your invention for up to 20 years. At Grell & Watson Patent Attorneys, we guide you through every detail of pursuing your Patent Application from drafting claims, submitting to the USPTO, and negotiating with the examiner, so your invention gets the protection it deserves.
The Importance of a Patent Search
As a preliminary step before submitting a Patent Application or Provisional Patent Application, performing a Patent Search is an important part. A Patent Search is an examination of actual patents and published applications to assess the newness and non-obviousness of your invention. These two characteristics are important prerequisites to obtaining a patent. Here is why a Patent Search is important:
- Avoid Rejection: If your invention is protected by another patent, the USPTO will deny your patent application.
- Save Time and Money: A Patent Search looks for potential issues in your invention so that you can now modify your idea or pivot if you need to before spending time and money on an application.
- Strengthen Your Application: A better understanding of the prior art (the inventions that were already invented) will allow us to make stronger claims in your Patent Application.
At Grell & Watson Patent Attorneys, we use tools and extensive expertise to conduct comprehensive Patent Searches. We want you to be confident that your invention is patentable! As part of this process, we will examine the USPTO databases, foreign patent applications, and sometimes non-patent literature to assure you that your idea is new.
Why Work with Grell & Watson Patent Attorneys?
At Grell & Watson Patent Attorneys, our objective is to make the intellectual property process simple and meaningful for everyone we interact with. You might be a small business owner filing a Trademark Application for your brand’s original identity, an inventor filing a Provisional Patent Application to secure your early filing date as you contemplate the next steps, or a creator noting the fit and transition to filing a Patent Application for rights to ownership in your novel work. No matter who you are, we have you covered from the initiation to the conclusion. Our services are all customized to your aim of protecting your intellectual property. With a comprehensive Patent Search facility, sometimes we do the groundwork of reviewing existing patents and prior art to provide you with confidence in your original work. This initial step will provide you with confidence to continue knowing your idea or work is unique in the field of intellectual property. We offer practical skills and knowledge in preparing and filing all types of applications trademarks, provisional patents, and full patents, with care and competence, all in compliance with USPTO guidelines that will put you in a position for success. However, our assistance does not stop at application submission. In addition, we would continue to assist you through the USPTO review process, addressing examiner questions, resolving disputes, and progressing your application. We have strong experience and a client-first mindset to remove the stress and uncertainty of IP protection, thus allowing you to focus on building your business, improving your invention, or implementing your creative idea. At Grell & Watson Patent Attorneys, we are not just consultants. We are partners in creating a secure future for your ideas.
Take the Next Step Today
Are you prepared to safeguard your brand or invention? Often, it all comes down to a single action: a Trademark Application, a Provisional Patent Application, a Patent Application, or just a Patent Search. Contact Grell & Watson Patent Attorneys today to begin your consultation. We can assist you with protecting your intellectual property and help establish the groundwork for your long-term success.