Trade Marks and Patents

 The patent laws require that a patent applicant to furnish at least one patent drawing (sometimes referred to as a patent illustration) of the invention whenever the invention is capable of illustration by way of a drawing. Said another way, whenever a drawing would assist in the understanding of an invention you need at least one patent drawing. Based on my experience I can say that patent drawings are almost always required, and the easiest best way to create a better, strong application is to include many patent drawings. 

The only time patent drawings are not required is when the invention relates to a chemical compound or composition is being claimed, or if there is just a method or process being claimed. Still, virtually every method or process can be depicted in one way, shape or form by illustration. That being the case it would be wise for applicants to provide illustrations even when a method is being claimed. Thus, there is a disconnect between what is “required” by law and what should be provided. The key is to understand that anything included at the time you file a patent application makes up the totality of the disclosure, and the reality is that patent drawings are worth at least 1,000 words — likely much more!

It is important, in fact critical, for   specific, but not describing the specific is an enormous mistake. I hear all the time that inventors don’t want to describe things specifically because they don’t want to be locked in and want very broad protection. That is wonderful, but if you only describe the very broad, general aspects of your invention the chance of getting a patent rapidly declines to asymptotically approach zero percent. The more broad and general the more likely what you describe will be within the prior art. Without layers of nuance and specifics you wind up having nothing to add to distinguish over the prior art and as a result wind up with no patent, or a patent with claims that are clearly invalid on their face.inventors and those new to drafting patent application described be understand that it is essential that the invention with as much detail and specificity as possible. You do not only want to describe the

Is a trademark application right for you?

​

Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it is important to learn whether a trademark is appropriate for you.

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect the brand name of the vacuum cleaner. And you might register a copyright for the TV commercial that you use to market the product.

A domain name is part of a web address that links to the internet protocol address (IP address) of a particular website. For example, in the web address "http://www.uspto.gov," the domain name is "uspto.gov." You register your domain name with an accredited domain name registrar, not through the USPTO. A domain name and a trademark differ. A trademark identifies goods or services as being from a particular source. Use of a domain name only as part of a web address does not qualify as source-indicating trademark use, though other prominent use apart from the web address may qualify as trademark use. Registration of a domain name with a domain name registrar does not give you any trademark rights. For example, even if you register a certain domain name with a domain name registrar, you could later be required to surrender if it infringes someone else's trademark rights.

Similarly, use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services might qualify it as both a business name and a trademark. Many states and local jurisdictions register business names, either as part of obtaining a certificate to do business or as an assumed name filing. For example, in a state where you will be doing business, you might file documents (typically with a state corporation or state division of corporations) to form a business entity, such as a corporation or limited liability company.

For more information about whether a trademark is right for you, please watch the animated video titled “Basic Facts: Trademarks, Patents, and Copyrights,” part of the Basic Facts About Trademarks video series.