How Do You Decide Which Ideas Are Worth Protecting?
Legally reviewed by Thomas Lemler - founder of Lemler IP
Inventors and creators frequently require both patents and trademarks to protect their inventions and branding for those inventions. That said, many people wonder whether one form of protection needs to come before the other. Continue reading and reach out to Lemler IP to speak with a knowledgeable Washington, D.C. intellectual property lawyer to learn more about how patents and trademarks function, and how an attorney can help ensure your valuable IP is protected, every step of the way. Here are some of the questions you may have:
What Is the Difference Between a Patent and a Trademark?
Simply put, patents and trademarks are designed to protect different things.
A patent is intended to protect an invention. Generally speaking, inventions can include products, machines, processes, technological innovations, and certain types of designs. A trademark, on the other hand, is designed to protect the identity of a business or product. This can include a business name, a logo, a slogan, or any other identifier that helps consumers distinguish one company from another. To put it another way:
- Patents protect inventions.
- Trademarks protect brands.
- Patents focus on functionality and innovation.
- Trademarks focus on recognition and reputation.
Should I Apply for a Patent Before Launching My Brand?
In many cases, the answer to this question is yes, particularly if the primary value of your business comes from a new invention.
For example, if you have developed a product that performs a task in a way that no other product currently can, protecting that invention may become your top priority. Many inventors do not realize that publicly disclosing an invention before taking the appropriate legal steps can create complications, especially when international patent rights are involved (while the U.S. offers a one-year grace period after public disclosure, most foreign countries have strict “absolute novelty” rules, meaning any public disclosure immediately destroys your ability to get a patent within that jurisdiction). Because of this, it is often beneficial to begin evaluating patent protection as early as possible. When seeking patent protection, some of the most important steps may include the following:
- Determining whether the invention is patentable
- Conducting a patent search
- Documenting the invention and its development
- Preparing and filing the appropriate patent application
When Does Trademark Protection Become More Important?
Many companies do not own patents at all. Instead, their success is tied directly to their reputation, their customer relationships, and the strength of their brand identity. When this is the case, trademark protection may become the more immediate concern. Trademark protection is often particularly important when:
- Launching a new company
- Creating a product line
- Designing a logo
- Investing heavily in advertising
- Expanding into additional markets
Note: You do not even have to wait until your product is actively on the market to secure your trademark. The USPTO allows businesses to file an “Intent-to-Use” application to lock in their place in line for a brand name and/or logo while still in the pre-launch and/or development phase.
For example, a consulting company, retail business, restaurant, or professional service provider may not have a patentable invention; however, the name and/or logo under which that business operates may be one of its most valuable assets.
Can You Get a Patent and a Trademark at the Same Time?
Fortunately, the answer is yes. Many businesses pursue both forms of protection simultaneously because each serves a different purpose. For example, a company may seek patent protection for a newly developed product while also pursuing trademark protection for the product’s name, the company’s logo, and certain marketing slogans.
Ultimately, the question is not always whether you need a patent or a trademark first; more often than not, the real question is which asset is most vulnerable and requires swift protection.
If you have any additional questions about how to best safeguard your valuable IP, please don’t hesitate to contact Lemler IP for an initial consultation today.
