Re: Do I really need a patent?

Subject: Re: Re: Do I really need a patent?

Comments:
: : I came up with an idea for a product that is very simple to design and even to produce. I did some research on the Internet and could not find anything close to it. : : Would it be enough if I obtain a Trademark or do I always need a patent to protect and market the product? : Patents, trademarks, and copyright are all different and have different rules and protect different things. : If you want to prevent others from making, using, selling, or importing your invention (or any feasible, new, and currently non-obvious variations of your invention), you need a patent. : If you want to prevent others from using a confusingly similar product name (or service name), you need a trademark. : If you want to prevent others from copying your work of authorship, you need a copyright. : The primary alternative to a patent is a tradesecret. However, that requires that you keep it secret. If your invention is "very simple" as you say, tradesecret is not particularly promising since the product itself might be self-revealing. : So, to directly answer your question as to whether a trademark is sufficient, let me ask you this: Do you mind if a competitor makes exactly the same product but calls it an entirely different name? If the answer is "no," then maybe a trademark is valuable to you. If the answer is "yes," a trademark is most likely insufficient. : I believe the basics of all these types of protection are avaible in this site and at least the difference between patents and trademarks is discussed at length at the US Patent and Trademark Office <a href="http://www.uspto.gov">web site</a>. : Regards.

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