Checking Credentials Before Hiring Anyone to Help You Patent Your Invention

Many businesses make more than a decent living helping inventors just like you make money from their inventions. From filing a patent to licensing and marketing your invention, someone is around every corner offering assistance.

Unfortunately, not all of this help is the kind you want. There are companies out there who make a living off exploiting inventors. It's important not to get caught up in any of these scams. What you need is a professional who has experience and is licensed to help you patent your invention. You really need either a patent attorney or a patent agent.

Both patent agents and attorneys are registered to practice before the U.S. Patent and Trademark Office. No one else is. Please take note of that. No one else may legally help you fill out the paperwork associated with filing for your patent. And you definitely don't want anyone else to help you for this aspect of your invention journey.

Remember, you want someone registered by the USPTO to help you file your patent. Don't even think about speaking to someone else, even if they claim they will outsource the writing of your application to a patent attorney or agent. The problem is, you need to be in direct communication with the individual helping you to file your patent. Don't let anyone be your middleman. Gaining a patent is not an assembly line process. Your invention has completely different features than anything else out there. So you need to be able to directly communicate the novel features of your invention with the attorney or agent.

While you can work over the phone, it usually makes the most sense to meet face to face with the attorney or agent you choose. Therefore, it is best to find one not too far from where you are located. Although it can be done, a long distance relationship will probably only strain the process.

The best way to select a patent practitioner (patent agent or patent attorney) near you is through word of mouth. You may want to join a local inventors club. You can also search through the USPTO's list of registered patent practitioners or even just use their database to check your potential patent practitioner's credentials.

An individual listed on the USPTO's site will be registered to practice patent law. They must also meet the ethical requirements and can be disbarred for complaints. Please check that the patent practitioner you are considering is listed on this site before using them.

Please visit Patent Law Portal to find a patent attorney or agent near you and begin the process toward protecting your invention.

Trademark: Do I Need One for My Business Name and Logo?

Wondering if a trademark is important to you as a business owner? Let's start with the basics. A trademark is a word, phrase, symbol, or logo that distinguishes and identifies the source of goods of one company or person from another. For example, the name Kraft is trademarked, as is Nike's "swoosh" logo.

The list of what constitutes a trademark is long. A trademark can also be granted to unique packaging such as the shape of Coca-cola's bottle, building designs, color, sound, and even fragrance. Service marks receive the same legal protection, but are used to distinguish services instead of products.

Your business can acquire trade or service marks through the consistent use of a mark. The symbols TM and SM demonstrate the owner treats the mark as a trademark or service mark. There is no requirement to federally register at the trademark office. You are still protected under intellectual property laws. However, if another party uses your mark it can be more difficult to prove your ownership.

To register online with the United States Patent and Trademark Office (USPTO), go to www.uspto.gov. There is a registration fee for each name, logo, and slogan. Federal registration ensures another party is not already using your mark. A registered trademark gives you exclusive rights to use a mark with your particular goods or services. The USPTO can only register trademarks for marks that are used across state lines. A website customers can access in other areas can satisfy this requirement. Otherwise, you will only be able to apply for a state trademark.

Only a mark registered and approved by the USPTO can use the ? symbol. Since the application process can take many months to complete, use the TM or SM symbol in the meantime to establish your intention to use the mark as a trademark. Make sure you keep records as to when your mark was first used in commerce and regulate the use of your mark in the marketplace.

Wendy Maynard, your friendly marketing maven, is the owner of Kinesis. Kinesis specializes in marketing, graphic and website design, and business writing. Visit http://www.kinesisinc.com/resources/articles.html for more articles and free marketing wisdom.

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