What is the next step I should take to protect my idea?
I had what I thought was an original idea, I first because I was looking to purchase one. Couldn't find one. I then wrote the idea in abstract but sufficient detail, and emailed it to myself. I then searched more and found something similar but much more complex and not exactly like mine. It said it was trademarked. I've done a patent, trademark, and copywrite search on the name and have found nothing. Before I pursue this idea, I need to know if I'm searching correctly and what I need to do exactly to secure my idea.
Answered By: Intellectual Property Center, LLC
It looks like you have spent some time reviewing the information you can find yourself. i would suggest contacting a patent attorney to discuss your invention and the costs to preform a preliminary patentability search.
Answer Applies to: Kansas
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Kansas
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Mark Trenner
Patents, trademarks, and copyrights protect very different types of intellectual property. A patent attorney can help you understand this distinction better. Briefly, trademarks protect the name/logo/design used in connection with the sale of goods or services. Quoting from the US Copyright website, copyrights protect ". . . original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed." This is an important distinction. Trademarks or copyrights will not protect an invention. So doing a search for trademarks, or a search for copyrights, will not be of much help in determining whether an invention can be protected. For inventions, there are patents. Retaining a patent attorney for advice and assistance as soon as possible is critical so as not to lose important rights to an invention. A patent attorney can help with a prior art search, and help interpret the results of the prior art search to determine whether an invention might be something that can be protected with a patent. A patent attorney can also explain what to do and what not to do to maintain rights in an invention.
Answer Applies to: Colorado
Replied: 7/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 7/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: DANIEL NESBITT
It sounds like you have spent a lot of your own time researching and searching. I recommend that you contact a patent attorney and explain the situation, and pay for 30 minutes of advice. That should steer you in the right direction.
Answer Applies to: Ohio
Replied: 7/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 7/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark S. Hubert PC
From the wording of you question I feel that you need professional help. You are confused with a lot of the processes - search - filing - drafting - trademarks, patents copyrights, etc. Consult a local patent attorney.
Answer Applies to: Oregon
Replied: 7/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Oregon
Replied: 7/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Barton Barton & Plotkin
You probably are not searching correctly. Further, if you found something similar protected by trademark your idea may be covered by the prior art. The next and only step is to retain counsel.
Answer Applies to: New York
Replied: 7/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 7/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Patent
- What do I do if a company gave me a faulty patent report?(12/8/2011)
- Can they still get my info from the subpoena since its before the case is over?(12/8/2011)
- Do I have a case if someone is claiming that I am infringing on their business name?(12/8/2011)
- How do I apply for a utility patent?(11/9/2011)
- How can I register a patent in the US?(11/9/2011)
- Can I legally put my own logo on a vintage copyrighted professional sports team hat?(10/17/2011)
- Do I need the actual software to get a software patent?(10/10/2011)
- Can someone change a product that I have a provisional patent for?(10/10/2011)
- Is a product modification something I can patent?(10/10/2011)
- Will I have to relinquish or pay money to a company if I use a phrase that is trademarked by them?(10/10/2011)
- What are the initial steps on having my ideas protected?(9/27/2011)
- Can I be arrested for copyright infringement for downloading peer to peer network content?(9/17/2011)
- Am I going to violate intellectual property rights if I will create/design a game based on another one?(9/17/2011)
- How can I protect my intellectual property?(9/17/2011)
- Who should I talk to regarding Intellectual inteligence?(9/17/2011)
- What can I do to patent and get my idea started?(9/17/2011)
- Can I sell a product I created from a designer product?(9/7/2011)
- Can a patent a product if someone has this patent but never used it?(9/7/2011)
- Can my friend patent an idea that we had discussed before?(8/29/2011)
- How long does a patent search take?(8/29/2011)
