How to Patent, Trademark, and/or Copyright Your New Product
Intellectual property applicable to a new Product, Process, or Service may include patent protection, trademark protection, or copyright protection. Here’s a list of the different aspects of intellectual property you must consider when you want to patent an invention:
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.
Trademark protection
For the name, logo, or graphic that identifies and distinguishes your product or service offering, or website name from others. You can and should use TM next to or in close proximity to your mark(s) upon initial use. 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. 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 be used consistently to identify the goods or service being placed in commerce (for–sale).
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, you should 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 or work and a single person or entity desires to own the collective work then the authors or designers must transfer their rights to the 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, license, or sale of the work.
Contracts
Ownership rights should be clearly defined in an Assignment /work-made-for-hire agreement or set forth as clauses in such service agreements requiring agreement on intellectual property ownership by all parties participating in engineering, design, prototyping, testing or other invention 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 written contracts.
I’ve made all this very simple to follow in my Inventor Start Kit – the simple process of taking your idea from concept to marketplace!
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.




