Intellectual Property and Patent Considerations for New Businesses & Products

intellectual property

Opening a new company is full of excitement—and risk. First come all the financial aspects as you work to get enough capital together, bring investors on board, and then manage all the start-up costs. After that, you have the substantial task of going to work and putting your ideas into motion. This usually involves finding office/warehouse space, setting up marketing campaigns, deciding which vendors you want to work with, and drawing in the targeted client base.

For most of us starting a new business, a monumental amount of work is required, and often just as much stress matches the exhilaration. You may find yourself at the office more than you at do at home, along with your partners. With such an investment in both money and time, you are probably concerned about the best way to protect what you have created. Both intellectual property laws and patent requirements may seem intimidating, but a skilled business attorney can give you the expert legal advice necessary.

Your company may have invented a product that can be bought and sold, or perhaps created an innovative method of doing something that is so valuable it must be protected. Consult with your attorney about whether you should go forth with registering your patent with the US Patent and Trademark Office. You can also peruse their website for general information about patents, search their database, and to learn more about how the process works. With a grant, the USPTO states that you are the only one who can make, use, or sell the invention.

They outline three different patent types:

  • Utility patents – ‘may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.’
  • Design patents – ‘may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.’
  • Plant patents – ‘may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plan.’

Keep in mind that that if you are in a competitive market and others are creating similar or identical products, they could beat you to the punch in registering the patent, which lasts 20 years. In working with a skilled attorney, you can be assured of a more streamlined process in seeing your patent registered, as well as defended if that is necessary in the future.

Do you have questions about a patent, or other business matter? If so, contact Attorney Shane Coons. Our law office represents clients involved in a wide range of businesses and legal issues, and we would be glad to review your case and help you explore your options.

Call now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.

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