Patent
Pros: When we think of patents we think of people who invent things and want to protect the product in which they have created. This initially would keep people from copying your idea and or stealing it. A patent is nothing more than an entitlement to a certain product that you have chosen to invent, manufacture, use for a specific period of time, and market. Patents are generally issued by the government or the United States Patent and Trademark Office as a grant of property right to the inventor. Over all there are three types of patents; there is the design patent which lets one patent a design if it is new, has originality, and is ornamental for a product or company. A utility patent is the patent of a new procedure, means of manufacturing (producing a product more efficiently), a better machine to improve a process of a product or job, or basically any new and useful improvement. The last being a plant patent, which can be given to anyone that discovers or breeds a new type of plant which is usually done with grafting. “In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, m
If you made a design then your problems should be a little less complicated because then you would be able to take the profit from that design that you have created while someone else puts it on apparel at their own expense. That is one way to do it, but you do not want to sell your design to someone if you could take all the profit in by yourself by creating your own clothing company and putting the logo on yourself. Conclusion: In my conclusion I have learned that you can patent many different types of things such as a procedure or method on how to process products or a service, a design that you created for a clothing company or logo for a business, and even types of plants that you have found or created by grafting. The same goes for new matter that is discovered and new compounds that are created, but different laws apply to that to get it patented. Inventors encounter many traps or “pitfalls” as they are called. Some of which can be when an inventor fails to describe his or her invention to ones understanding. Another common mistake that would cause one lots of time and money is if there was no proof of the Office Technology Transfer. The final problem or common mistake is that if the inventor does not keep a record that is to be maintained during the production and development of the idea that is going to be patented and tries to process it will be turned down. As well as not working continuously on the idea or product could result in failure to patent also. When you design a patent and publish it, the patent becomes public documentation. In essence this enables anyone that is smart enough to look at these plans as a set of blue prints perhaps, and build their ideas around it. When this happens they are not necessarily copying your plans or idea they are creating a better version of your patent. If the plan that they patent is too close to your idea then certain legal matters should take place to protect your idea. The following is the statement from the United States Patent and Trademark Office that supports the right of patenting a design for one’s company or product. “The patent laws provide for the granting of design patents to any person who has invented any new and non-obvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. The proceedings relating to granting of design patents are the same as those relating to other patents with a few differences. See current fee schedule for the filing fee for a design application. A design patent has a term of 14 years from grant, and no fees are necessary to maintain a design patent in force. If on examination it is determined that an applicant is entitled to a design patent under the law, a notice of allowance will
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Approximate Word count = 1904
Approximate Pages = 8 (250 words per page double spaced)
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