Difference Between Patents and Trademarks

Say you’ve just come up with an amazing new idea that is going to change the world. You wouldn’t want anyone stealing it would you? But what’s the best way to protect it? Do you use a patent or a trademark? Welcome to the world of intellectual property. Below, we break down a few of the most important differences between patents and trademarks – so you know which one is right to protect your precious idea!

Patents deal with products and processes, Trademarks cover names and images

For example, you would file for a patent if you just invented a new kind fertilizer that helps plants grow 300 feet high. You would file for trademark protection on the name of the product, EverGrow.

It is much more difficult to obtain a patent than a trademark

The United States Patent Office thoroughly reviews all patent applications to make sure the invention or process in question is not derivative of another invention. These investigations can sometimes become quite complex. On the other hand, things are a bit more “cut and dry” with trademarks. Searches are performed for names, images, etc. to make sure that there no relevant matches on file.

You don’t need to have a patent to sell your product or a trademark to use your unique name – but it is a good idea

Although neither a patent nor a trademark is required by law, they both provide crucial protection against those who would profit from your invention, or use your creative elements without proper permission.

A patent lasts longer than a trademark

Standard patents stay on the books for twenty years, while trademarks last only ten years before they must be renewed.

Intellectual Property attorneys and other smart lawyers can help you choose whether a patent or a trademark is right for you – and assist in the proper filing so that your brainchild is completely protected from theft.