Question 1

What are the different forms of legal protection for my ideas?

Accepted Answer

There are four different types of Intellectual Property (IP) protection, and each of them protect different kinds of invention. The four types are: Patents, Trademarks, Copyrights, and Trade Secrets.

• Patents protect inventions. Think of Alexander Graham Bell and the invention of the telephone. Alexander Graham Bell invented a world-changing new technology. And one of the first things he did was apply for a US Patent at the United States Patent and Trademark Office (USPTO) to protect his invention. That patent allowed him to prevent anyone else in the country from making or selling a telephone for a period of twenty years!

• Trademarks protect brands. It’s not just protection for your business—it’s protection for your reputation, and for the people who love what you do. Trademarks protect the names, logos, and slogans that make your business you. They help customers find (and trust) your goods and services, building real brand value over time, and giving you a legal defense against copycats and bootleg products.

• Copyrights protect original works of authorship. Historically, the first US copyright law passed in 1790 protected books, maps, and charts. Today, the US copyright office protects “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.”

• Trade Secret Law protects valuable secrets. Coca Cola has had a secret recipe since 1891. Because they’ve kept it a secret, no other company has been able to create a product that tastes like the real thing. And for some products today, maybe it’s best to just keep it a secret. Obtaining a patent requires that a patent publication is published by the USPTO and that publication tells the entire world how to make your invention. On the other hand, if you have a secret way of making something that nobody can figure out, trade secret law provides some recourse if someone steals your secret. Just make sure you take reasonable efforts to keep your secret a secret.

Question 2

What does ‘Patent Pending’ mean?

Accepted Answer

The status of “Patent Pending” means you are protected in the public market while you are seeking a full and complete patent from the USPTO. It's more than just a label: it’s a powerful signal to competitors that your idea is in the pipeline for protection.

Show it off, pitch it, or shop it around with more confidence. And if someone copies it during this phase? Once your patent is granted, you may be able to demand reasonable royalties for that infringement. The moment you file a patent application—yes, even a provisional one—you can legally claim “patent pending” status.

Bottom line: filing early protects your future.

Question 3

How long will my patent last?

Accepted Answer

For most inventions, a utility patent lasts up to 20 years, but how you get there matters.

The moment you file a provisional patent application, you can say “patent pending.” That status lasts up to one year and offers limited protection.

Within that one-year window, you must file a non-provisional application. That filing date is what controls the patent’s lifespan. I may take 1-3 years to complete the entire patent process, at which point you will graduate from “patented pending” to complete authorship of your invention.

Additionally:

• Design patents are different. They last for 15 years and have similar rules, but no maintenance fees.

• Issued utility patents require periodic maintenance fees, at 3.5, 5.5, and 11.5 years. Miss one of these and the patent can expire early, but there is plenty of advanced notice.

• Category effects the speed. Some technologies move faster through the Patent Office, and you can also pay—or qualify—for expedited review. The sooner your patent issues, the more usable life you get out of the invention, so don’t wait. Call The Inventor’s Friend soon at 1-888-804-1125 (tel:18888041125)and get started protecting your intellectual property.

Question 4

What is a Provisional Patent Application?

Accepted Answer

A provisional patent application allows you to share your idea with the world, and legally claim ‘Patent Pending’ status. If someone knocks off your idea while you have patent pending status, in many cases you can demand a reasonable royalty from them as soon as your patent issues for the entire time they were using your IP without permission.

When the examiner is looking for prior art they can only use prior art that existed before our first filing date. If we start with a provisional application, it sets the cut-off date for that prior art review as early as possible.

Question 5

What is Prior Art?

Accepted Answer

Prior art refers to any publicly available information that shows an invention was already known before a patent application was filed. This can include existing patents, published materials, public uses, or offers for sale. When a utility patent application is examined, it’s common for the examiner to initially reject the application by citing one or more prior art references — essentially stating that the claimed invention is not new because it was already disclosed in the public domain.

Prior art plays a critical role in assessing whether an invention meets the requirements of novelty and non-obviousness, which are key factors in determining whether a patent can be granted.

Question 6

What if my patent application is rejected?

Accepted Answer

Don't panic! First applications are commonly rejected. The USPTO examiner usually points to “prior art” in earlier inventions, related patents, or obscure publications and argues that your idea isn’t really new, or maybe it is too obvious.

But that’s just the start of the conversation! With the right strategy, arguments, and updated claims documentation many rejections can be overcome. It’s all part of the process, which I am happy to manage for all of my clients, often reaching out personally to negotiate a resolution with the patent examiner’s office over the phone. Anything it takes to secure deserved IP protection.

Question 7

What is a "Design" Patent?

Accepted Answer

Unlike utility patents that protect how something works, design patents protect how something looks: the unique shape, style, or surface design of your product.

If the appearance is what sets your invention apart, a design patent can stop others from copying it. It’s a smart, lower-cost option when form matters more than function, and it can pack serious punch in the right legal situations.

Question 8

What is a Copyright?

Accepted Answer

Copyright is authorship protection. The moment you create a work of art in a fixed medium, including a pencil sketch on the back of an envelope, or a crayon drawing created by your child, the creator immediately has a copyright in that work of art.

By international treaty, you are not even required to register your copyright or comply with any formalities to obtain a copyright. However, having a registered copyright helps if you want to sue and collect damages for infringement.

Unlike patents and trademarks, registering a copyright is a relatively simple and inexpensive process. The Inventor’s Friend can help you file formal protection for one or many original works, easy. Request a FREE case review now!

Question 9

What is a Trademark?

Accepted Answer

A trademark gives you the exclusive right to use your brand name, logo, slogan, or even the look and feel of your product packaging (that’s called trade dress). It stops others from copying your brand and confusing your customers. Whether you’re already selling or just getting ready to launch, the process and cost of trademark protection will depend on your timeline. Either way, filing early means locking in your IP protection ASAP.

Ready to protect what you’ve built? Schedule a FREE conversation with The Inventor’s Friend now.

Question 10

How much can you change a product and still retain the trademark?

Accepted Answer

All trademarks are merely indicators of the source of the goods or services. It is not about the product itself, although many people mistakenly believe that to be the case.

Trademark law goes way back. Picture a medieval baker stamping his mark on a loaf of bread. That stamp told buyers, “This bread was made by that baker.” If you liked his bread, you knew exactly which loaf to buy next time. The mark wasn’t a promise that the bread would never change: it was a promise about who made the bread.

Beer is a another great example. Some of the oldest trademarks still in use today belong to beer makers, going back hundreds of years. The beer those breweries make today almost certainly doesn’t taste the same as it did in the 1300s, but the trademark still works because it tells consumers who made it. The famous Bass red triangle, the oldest registered trademark, signals that every bottle with that mark comes from the same company, with a consistent level of quality they recognize.

Same idea today. When you buy a Whopper, you know exactly which company made it. Burger King can tweak the recipe, offer BBQ Whoppers, or add chicken versions, and the trademark still holds. What matters is that consumers understand the source of the product—not that the product itself stays frozen in time.

So you can change the product a lot and still keep the trademark, as long as the mark continues to tell buyers who they’re buying it from.

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Commonly Asked Questions

© Copyright 2025 ~ The Inventor's Friend Patent Law Firm

INVENTOR'S FRIEND

What is a "Patent" anyway? Let's ask The Inventor's Friend...

Mine.

Commonly Asked Questions

© Copyright 2025 ~ The Inventor's Friend Patent Law Firm

What is a "Patent" anyway?
Let's ask The Inventor's Friend...