There may be more to protecting your invention than simply filing a patent application. A patent attorney should discuss a comprehensive approach with you when trying to determine how best to protect your invention. Here are three (3) things you should consider when trying to protect your invention.
1. Can you protect the function of your invention? Inventors typically think of their invention in terms of its function. Utility patent applications are used to cover the function of an invention.
2. Can you protect your invention as a trade secret? Some inventions, or parts of inventions, can be maintained as a trade secret. A good example of a trade secret is a factory part that will be used inside the factory to make a product that is sold, but the factory part itself is not sold. Because the factory part cannot be readily reverse engineered, you may be able to protect the factory part as a trade secret.
3. Can you protect the appearance of your invention? Design patent applications can be used to protect the look or appearance of your invention. Did you know that you can file both a utility patent application and a design patent application for the same product? The utility patent application covers the utility (e.g., function) of your invention, while the design patent application covers the look or appearance of your invention.
You may also want to consider copyright protection for the design or appearance of your invention and/or for the product packaging, brochures, websites, and marketing materials for your invention. And if you decide to market your invention, you may want to consider trademark protection for the name or logo you associate with your product.
The more ways you find to protect various aspects of your invention, the better chance you have of keeping competitors away.
