Patent And Trademark: What Makes Them Different?

Intellectual Property Rights are laws that concern original creations like writings, inventions, or artistic works. Patent and trademarks are a part of the intellectual property rights and refer to inventions and brand names. The patent refers to giving rights to the people which come up with innovations. In order to receive a patent, the innovation has to be useful, relevant to the public and industry, original, and, of course, it has to function. Inventors can obtain permanent rights as long as they make their inventions open to the public.

There are three types of patents people can obtain:

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.

Any inventor can sell its invention or license it in order to obtain profit. By selling it you will lose all your rights on it. However, using the license system helps the inventor obtain a part of the selling made by a certain company. People can also obtain benefits from trademarks, but this is only made through advertisement since trademarks are one of the most important marketing tools for companies.

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.

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.

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.

Protecting the people who own intellectual property is a very important aspect that helps increase the society’s cultural and economical development. Making sure that people are well informed about trademark registration and patent registration is a major step in recognizing and using intellectual property rights system.