A patent is a property right for an invention granted by a government to the inventor. A United States patent gives inventors the right "to exclude others" from making, using, offering for sale, or selling their invention throughout the United States or importing their invention into the United States. In exchange for this monopolistic protection, the inventor must publicly disclose the invention (the patent document) and must pay the United States Patent Office (USPTO.gov) to prosecute (application fees) and maintain (maintenance fees) the patent.

Building such a fortress around the invention makes it difficult for others to use the invention without getting a license. Depending on the policy of the organization and the type of the invention, the organization can then grant either exclusive or nonexclusive licenses to use the product. There are several ways to protect IP, but one should always remember that protecting IP is expensive. Therefore, an organization needs to think carefully about its competitors, likely infringers, and the geographical area where the invention is to be marketed. Sometimes keeping an invention as a trade secret might be the cheapest way to protect it. Sometimes patenting, even if more expensive, might give better protection. Finding the best way to build and protect an IP portfolio requires imagination, in addition to a thorough knowledge of the company and its product lines. A comprehensive IP portfolio can be of substantial value to both private and public sector entities. For both sectors, patents are a key element of an IP portfolio. Large companies can afford an offensive patent strategy, but small companies may not have the necessary resources for this. Therefore, especially for small- and middle-sized companies, proper planning and parallel thinking is required to develop an effective and cost efficient strategy. Join the IP Street community and learn more about protecting your intellectual property. We have developed a comprehensive network of patent lawyers to connect you to others that can help license, protect and commercialize your idea. Patent infringement is a serious threat and protecting your invention or patent idea is critical.

Building a strong base for IP protection will make it difficult for other people and companies to infringe upon protected rights. One way to secure intellectual property protection is to cover IP with various types of IP rights. Patent infringment is a serious threat for anyone interested in patenting an idea or interested in patenting an invention. Imagine that the IP of a particular U.S. company is a novel paintbrush. The company can obtain a utility patent in the United States covering the novel paintbrush. If the company has business in Europe, it might be wise to file a PCT as well. It might be beneficial to write a claim, also, for painting with the paintbrush. By doing so, the company would ensure that both people manufacturing the brush, and each small or large painting using the brush, would be guilty of infringement if they were not first granted a license to use the brush in any manner they saw fit. When the company holding the patent improves the tool, it can always file a new patent covering the improvement (continuation-in-part application). Additionally, a design patent might protect the design of the paintbrush. Finally, the company might have a unique name for the tool that could be trademarked. The patent search tools and resources provided at IPStreet.com, will help you better understand patent duration, how to protect from patent infringement and ways to connect to experienced patent lawyers.

No one has a crystal ball to predict ultimate success, but with IPstreet.com, you can "demystify" the complex data and landscape IP so you can make better business decisions. Identifying potential revenue streams is important in your ultimate choice of GO/NO GO in regards to secure patent protection for your invention. To be pursued wisely, a patent is going to cost a minimum of $10K. IPStreet.com's patent search tools are designed for inventors, intellectual property strategists, investors and IP counselors.

A design patent covers the unique, ornamental, or visible shape or surface ornamentation of an article or object, even if only on a computer screen. Thus if a lamp, a building, a computer case, or a desk has a truly unique shape, its design can be design patented. Even computer screen icons and an arrangement of printing on a piece of paper can be patented. A design must be for an article that is different from an object in its natural state; thus a figure of a man would not be suitable for a design patent but if the man is in an unnatural position, this can be patented. The uniqueness of the shape must be purely ornamental or aesthetic and part of an article. If the design is functional, then only a utility patent is proper, even if it is also aesthetic. A good example is a jet plane with a constricted waist (narrow body) for reducing turbulence at supersonic speeds: Although the novel shape is attractive, its functionality makes it suitable for a utility patent only. A useful way to distinguish between a design and a utility invention is to ask, "Will removing or smoothing out the novel features substantially impair the function of the device?" If so, as in the jet plane with the narrowed body, this proves that the novel features have a significant functional purpose, so a utility patent in indicated. According to David Pressman's book "Patent it Yourself" two useful questions to ask to define design innovations are: (1) Is the novel feature(s) there for structural or functional reasons, or only for the purpose of ornamentation? (2) Does the novel feature make it look better or work better? (The utilitarian function always prevails.) If the state of the arts is such that the general nature of the feature and its function is old, but the feature has a novel shape that is an aesthetic improvement, then only a design patent will be proper. The design patent application must consist primarily of drawings, along with formal paperwork and a filing fee. Design patents last 14 years from the date of issuance.