Patents, Trademarks and Copyrights

- -It is the truly wise man who knows what he doesn’t know. - - When it comes to the field of inventing which is naturally full of false hope and snake oil salesmen, this adage means everything. This article is a sort of primer on things you should know about the patenting process, long before you invest time in developing your product or seeking legal advice:
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The day is finally here - -your invention is done! You hurry out of the basement workshop and grab the nearest phone, dialing the number of an inventors’ networking association. “Hi, I need some help to patent my invention,” you tell the person who answers. “I’ve got this really nifty kitchen device, and I have a great name for it, but I want to patent both the name and invention before anyone steals my idea. Can you help me? 

When the person on the other end of the line tries to explain that product names cannot be patented, you say, “What about the recipes that go with it? I just have to patent those, too!” You are told that recipes can’t be patented, either; you need a trademark. 

Trademark? Patent? What’s the difference? Though the association member patiently tries to explain the difference, by the time you finally hang up, you have a sinking feeling that you’re still not sure what you’re doing. 

You’re not alone. Inventions are protected in a variety of ways, such as design or utility patents, trademarks and non-disclosure documents. Additionally, certain aspects of an invention are covered under copyright law. Throw in “foreign rights” and “treaties,” and the confusion grows. You should get the terms straight before you take your product to a patent attorney or to an inventors’ group, so you can spend your time discussing options instead of semantics.