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 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.
A trademark is a distinct mark which is commonly used by organizations, institutions, or companies. Trademarks are being used to exclusively differentiate goods or service from other entities especially its possible competitors. Typically, a trademark consists of a name, logo, symbol, word or phrase, image, design or combination of the said components. With a patent, you have the right to prohibit other people from creating, utilizing, selling, or trading in a patented discovery. On the other hand, with trademark you have an absolute right with your “mark.”
A patent is commonly administered by the government so that the public may be able to utilize it. Conversely, a trademark is commonly managed and utilized by entrepreneurs for their own good since trademarks are usually being used as an effective marketing tool. An exclusive ownership - that is the primary benefit when an individual decides to patent his work or someone decides to register a trademark. With this, other people will be prevented from creating, using or selling the ones you have such as an invention or a “mark.”
You may gain profit. On the patent part, you as an inventor or patentee have the right to sell your discovery. Additionally, you can have your patent licensed in one or more parties for you to obtain some percentage from the selling price. On the other hand, on the part of trademark, entrepreneurs gain profit by it since trademarks are commonly utilized as a marketing tool. The more people who purchase or uses goods or services, the more monetary benefits you will have.
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.
For trademark registration, you will also have to complete an application form which can be downloaded in the website of the Patent and Trademark Office. The application form can also be obtained from the physical office itself. Together with the application form, you will submit a piece of paper with the illustration of your “mark.” Additionally, just like in patent registration, you also need to give a description of your trademark or service mark as well as on what goods or services it will be utilized.
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.