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How would I go about getting a design and product sample/prototype made? How do I protect myself from getting my idea and product ripped off? I also have a great name for the product. Help, I'm going to make millions !

2007-01-15 23:14:47 · 2 answers · asked by Anonymous in Business & Finance Small Business

2 answers

You've got a few different issues here, so let's tackle them one at a time.

PATENTS

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.

Associations may be a good avenue to explore. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet. See the source box for some relevant links.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

Getting a Patent:
* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

What to do Next:
* From Patent To Profit: Secrets & Strategies For The Successful Inventor, Third Edition by Bob Dematteis
* How to License Your Million Dollar Idea: Everything You Need To Know To Turn a Simple Idea into a Million Dollar Payday, 2nd Edition by Harvey Reese
* The Inventor's Bible: How to Market and License Your Brilliant Ideas by Ronald Louis Docie
* The Complete Idiot's Guide ® to Cashing in On Your Inventions by Richard Levy

There are plenty of free informational resources out there. Check the source box for links to articles.

TRADEMARKS

To protect a product name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

2007-01-16 02:49:54 · answer #1 · answered by TM Express™ 7 · 0 0

Get on-line info from your patents office.
Find a sponsor.
Apply for patent before showing product to any manufacturer.
Be wary of businesses that provide this service.

2007-01-16 00:48:16 · answer #2 · answered by cooperman 5 · 0 0

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