QUESTION

What is the next step I should take to protect my idea?

Asked on Jul 11th, 2011 on Patents - Oregon
More details to this question:
I had what I thought was an original idea, I first because I was looking to purchase one. Couldn't find one. I then wrote the idea in abstract but sufficient detail, and emailed it to myself. I then searched more and found something similar but much more complex and not exactly like mine. It said it was trademarked. I've done a patent, trademark, and copywrite search on the name and have found nothing. Before I pursue this idea, I need to know if I'm searching correctly and what I need to do exactly to secure my idea.
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2 ANSWERS

Patents Attorney serving Golden, CO at Trenner Law Firm, LLC
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Patents, trademarks, and copyrights protect very different types of intellectual property. A patent attorney can help you understand this distinction better. Briefly, trademarks protect the name/logo/design used in connection with the sale of goods or services. Quoting from the US Copyright website, copyrights protect ". . . original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed." This is an important distinction. Trademarks or copyrights will not protect an invention. So doing a search for trademarks, or a search for copyrights, will not be of much help in determining whether an invention can be protected. For inventions, there are patents. Retaining a patent attorney for advice and assistance as soon as possible is critical so as not to lose important rights to an invention. A patent attorney can help with a prior art search, and help interpret the results of the prior art search to determine whether an invention might be something that can be protected with a patent. A patent attorney can also explain what to do and what not to do to maintain rights in an invention.
Answered on Jul 13th, 2011 at 11:39 AM

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Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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From the wording of you question I feel that you need professional help. You are confused with a lot of the processes - search - filing - drafting - trademarks, patents copyrights, etc. Consult a local patent attorney.
Answered on Jul 12th, 2011 at 3:24 PM

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