Branding and Marketing

When it comes to product or service development, these activities should be beneficial for both sides, which are not necessarily mutually exclusive.
The patenting of those concerns the security of intellectual property rights by obtaining a grant of a patent, thus protecting the novel features of the invention be used, offered for sale or sold by any other than the inventor. Branding on the other hand, the process of developing an identity products within the minds of consumers. Patenting is securing a patent, branding and is typically through marketing efforts. However, this development efforts need not and should not in a vacuum....

Unless the product, process or procedure in question is really a product and not in a position to patent protection, branding alone will probably not the result of the owner is looking for. Yes, branding alone can be a successful product. Unfortunately, if the product is not protected, it is probably not the original owner enjoys that success. For example, small and medium enterprises to concentrate solely on branding to the market will always be thwarted in their efforts by large companies with better access to marketing and distribution channels.

Normally what happens in these cases is that the product is marketed to be a success, competition occurs. If this competition has access to cheaper production, a larger distribution network and sufficient capital resources first, the competition will be in a position to capitalize on and then adopt or rehabilitation of the mark, so that the original owners in their wake. This can be achieved by, among other things, locking them from large distribution channels, and the creation of lower costs. Without some form of protection, there are few of the smaller entrepreneurs can do. For example, if the world's largest company is a retail business, and is China's largest trading partner eighth partner, you have little chance of out-sourcing, out-marketing, or to sell. So what is a business to do? Simple, protect yourself!

By securing a patent on the product, process, method or article in the manufacturing, business, "poor" by the protection of intellectual property. As such, if your product is "novel", which means new or improved over existing products, then your product may be able to patent protection. If so, and if you acquire, for example, a U.S. patent, you have in twenty years you can see all other from making, using, offering for sale, selling or importing the invention in this country. However, patents are only for non-commodity products. A reservation is required: in obtaining patent protection, it is essential that the inventor looking for a qualified patent attorney. All patents are not equal, and there are many ways to pay for and receive a patent, which have little or no commercial value. Yes, the process and fees are expensive. Frankly, the system is designed so that in this way to discourage people from patenting products, which no hope of commercialization.

One of the biggest reasons I hear is not the patent protection is the wrong conviction that even if reached, a smaller company would not be able to enforce it against a larger unit. That is simply not true. In fact, the opposite is true. There are many law firms who are actively trying smaller corporate clients in patent infringement and they represent too little or no cost to the customer. In these cases, the larger the infringing person, the more the rule violation. Therefore, it is precisely these patent infringement cases that the companies seek and represents clients on a contingency basis.

Of course, there are many reasons, not patent something. At the end, it is a business decision that only you can make, and it should be treated like any other business decision. In this way simply refrain, because the patent protection of preconceived ideas about the market, cost and enforcement, without looking at what level of protection is available, is akin to sticking your head in the sand. The times in which we focus on this preconceived notions are gone, and in today's competitive economic environment, we must find, seek, and receive all the commercial advantages that we have available. At least you should check what you can give.