Do You Need a Utility Patent, Design Patent, Trademark or Copyright?

Do you know what type of intellectual property ("IP") protection you need (i.e. utility patent, design patent, trademark or copyright)?  If not, this short form will give you some guidance on whether you need a utility patent, design patent, trademark or copyright.  As with anything online, this is not legal advice and does not replace the advice of a competent patent attorney.

STEP 1: Select the option that best describes what you would like to protect from others using:
STEP 2: Will this word, phrase or logo be used to identify a product or service you plan to sell?

You Need: Trademark Protection

If your intellectual property is a word, phrase or logo that is used on a product or with respect to a service, you most likely will want trademark protection.  Trademarks protect the words, phrases and logos that identify the source of goods and services.  Examples of trademarks include MCDONALDS for food service, IBM for computers and the "swoosh" for NIKE.  It is recommended that you talk to a trademark attorney who can review your trademark information and give you their opinion on what type of intellectual property protection you should seek.

You have two options to learn more about trademarks:

Talk to a Trademark Attorney

or

Get More Trademark Information

You Need: Copyright Protection

It appears that you may want to consider copyright protection for your intellectual property.  Copyrights prevent others from copying original works such as music, artwork, drawings, textual works (e.g. book, website content), graphics and the like.  However, copyrights do not protect you if someone independently develops something similar to your work.  If you plan to use this work to identify a specific product or service (e.g. a logo or phrase), you should also consider trademark protection.  It is recommended that you talk to a copyright attorney who can review your information and give you their opinion on what type of intellectual property protection you should seek.

 

STEP 2: Select the option that best describes the type of technology you have:
STEP 3: Select the option(s) that best describes the most important feature of your product:

You Need: Utility Patent Protection

It appears that you will want to consider utility patent protection for your technology.  Utility patents protect the function and/or structure of a technology.  It is recommended that you talk to a patent attorney who can view your invention information and give you their opinion on what type of patent protection you should seek.

You have two options to learn more about utility patents:

Talk to a Patent Attorney

or

Get More Patent Information

You Need: Design Patent Protection

It appears that you will want to consider design patent protection for your technology.  Design patents protect the ornamental appearance of a product.  Keep in mind that sometimes both utility patent and design patent protection are available for your technology.  It is recommended that you talk to a patent attorney who can view your invention information and give you their opinion on what type of patent protection you should seek.

You have two options to learn more about design patents:

Talk to a Patent Attorney

or

Get More Patent Information

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