Initial Patent Attorney Discussions – Invention, Product, Process or Service

You have an idea for a new Invention, Product, Process or Service.

 Applicable intellectual property may include:

(1) Patent protection for any new invention, product, and improvement on an existing product, process or service may be patentable if the invention, product, improvement on an existing product or service comprises at least one new and non-obvious element or step. First step is to record your invention, see How to Record your Invention. Second step is to perform a patent search, see Patent Search Instructions on How to Perform a Search.

(2) Trademark protection for the name, logo, or graphic that identifies and distinguishes your product or service offering, website name (known as a URL such as from others. You can and should use TM next to or in close proximity to your mark(s). TM simply means that you claim a common law right to the mark, which by virtue of your use you have a right to claim. As a reminder, use of ® is strictly prohibited until your application is completely approved and your mark is registered at the United States Trademark Office. In fact, improper use of ® is illegal and can be punishable by law. In addition, improper use can adversely affect trademark rights and registerability of a mark. Note the trademark must used consistently to identify the goods or service being placed in commerce (for–sale). First step is to identify your mark, its goods or service description, and learn common mistakes in selecting a mark, see Trademark Information and Trademark Goods Services Description. Second step is to perform a trademark search, see Trademark Search Instructions on How to Perform a Search.

(3) Copyright. All user manuals, product specifications, marketing, and sales literature may be registered as a copyright. Screen shots of your website, including text, graphics, and pictures can be the basis of one or more copyright applications. As a reminder, please ensure to always include a copyright notice on all documents and web pages in the footer and all documents available on the website or fixed on paper or in an electronic form, such as © 200_ Full Name/Company Name. ALL RIGHTS RESERVED. Note if multiple authors or designers are contributing to the website and a single person or entity desires to own the collective work then the authors or designers must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement, otherwise each contributor is owed a ratable share of the profits realized from use of the work.

(4) Contracts. Ownership rights should be clearly defined in an Assignment/work-made-for-hire agreement or set froth as clauses in such service agreements requiring agreement on intellectual property ownership by all parties participating in engineering, design, prototyping, testing or other invention reduction to practice activities. Purchase orders, terms and conditions of sale and any other contract covering the sale, lease, transfer or license of products and services must be set forth in a written contract. All websites require a terms and conditions of use and a privacy policy that must be affirmatively agreed to by all website users who use or contract for goods or services at the website.

By Mat Grell, US Patent Attorney

Start here. Get your FREE Inventor Kit.

A free form to document your invention ideas, properly, and privately on your computer.
You can do this and I will walk you through the process step-by-step. This is going to be fun! So dream Big!