Patent Process

Do You Need a Trademark, or Is a Patent More Appropriate?

When it comes to whether something should be patented or trademarked, the question is: Are you building a brand, or protecting a concept? If you are protecting a product concept or design, patent law is the clear choice. Assuming that a patent is available for the subject matter of your concept, that’s the way to prevent others from pursuing the same product concept. A trademark, however, is useful—and often crucial—when you are building a brand for your product or service.…
December 10, 2018
Patent Process

Why Some Patents Are Valuable, While Others Are Worth Very Little

“But I have a patent! How could they do this?” This is the battle cry of inventors and corporate executives alike, when they see a copycat product and find out there is nothing they can do to stop it. This statement also is the result of a limited understanding of how patents work. It’s perfectly understandable that someone would respond like this when faced with a copycat product. It can be enraging to know someone “stole” your invention or product…
December 10, 2018
Patent Process

Are There Simple and Cheap Alternatives to Patenting?

We all like short cuts. When it comes to a costly or time-consuming project, any short cut that saves time or money looks highly desirable. In fact, some of the best inventions arose out of this desire to make something simpler, easier, cheaper, or more convenient. But when it comes to securing legal rights to an invention that’s worthy of protection, the money you may save in the short term can actually end up costing you heavily farther down the…
December 10, 2018
Patent Process

What Can Be Patented and What Cannot?

It stands to reason that the most common question we’re asked at Goldstein Patent Law is: “Can this type of thing be patented?” The answer to that questions depends on whether your invention or product idea meets the three criteria for patentability that the United States Patent and Trademark Office (USPTO) examiner looks at when evaluating a patent application: Patentable subject matter, Novelty, and Non-obviousness. This article explains “patentable subject matter.” “Patentable subject matter” is a legal term that means simply, the types of…
December 10, 2018