America is known for innovation. However, before that innovation becomes a viral, revenue generating, big tech, company, certain steps need to be taking to ensure the future growth of the company. These steps often come with research into various aspects such as marketing, business development, market conditions and naturally how to protect the startup or new business. When launching an eCommerce business or tech startup in Florida, protecting your intellectual property (IP) is critical to staying competitive. But should you apply for a patent, a trademark, or both? Understanding the difference can help you avoid costly mistakes and ensure your brand and innovations remain secure, to allow your business to grow.
A patent is a type of intellectual property granted by the U.S. Patent and Trademark Office (USPTO) that prevents others from making, using, or selling their invention for a set period. This prevents others from copying or profiting from your innovation without your direct permission. Understanding the different types of intellectual property will help in gauging what is the right strategy for your business. Careful consideration should be taken to hire an experienced patent agents to help you determine what the the best strategy going forward.
Utility Patents - Covers new processes, machines, compositions, or improvements. For example, a Florida tech startup developing a new AI-powered shopping assistant would need a utility patent. Yes, that is right! AI and software can be patented!
Design Patents – Protect the visual appearance of a product. In more technical terms, design patents are primarily used to protect the outer appearance of your product. Here is a great example of a design patent. If your eCommerce store creates unique packaging or product designs, a design patent can help secure your originality and prevent others from copying them! Affordable file a design patent with WizardIP!
Plant Patents – Plant patents are the least filed patents when compared to utility and design patents. However, a plant patent is granted to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.
Each type of patent application comes with a specific term that provides protection for the e-commerce business or tech. startup. Here is a break down of how much time you are given:
Utility Patents: Up to 20 years from the filing date.
Design Patents: 15 years from the date of grant.
Fun Fact: Many entrepreneurs file both design and utility patents to protect their innovation which act as a strategy to not only protect how their inventions work, but also how they look!
An understanding of the U.S. patent system, and many patent systems across the world will help understand the timing of filing a patent. The U.S. is a first inventor to file patent system. On March 16, 2013 with the enactment of the America Invents Act, signed in by President Obama, the U.S. switched from a first to inventor system to a first inventor to file system. That being said, filing a patent should be done in a timely manner to obtain an early filing date for your invention and is crucial to beating your competitors.
Starting the process with a provisional patent application, can help any entrepreneur quickly and inexpensively file a patent application and secure a filing date for their invention at the United States Patent and Trademark Office.
A trademark protects the brand elements of a business, such as names, logos, slogans, and product identifiers. Trademarks help customers recognize and trust your brand while preventing competitors from using similar marks that may cause confusion. A trademark is a necessary component of intellectual property for any business but is particularly advantageous for those in the e-commerce and tech. startup arena.
1. Your Florida eCommerce store’s logo and brand name (e.g., "SunshineTech Gadgets").
2. A unique slogan that differentiates your brand (e.g., "Florida’s #1 Marketplace for Smart Home Devices").
3. A distinctive product name that sets your invention apart in the marketplace.
Trademarks can last indefinitely, provided you continue using and renewing them every 10 years. A trademark attorney can monitor and provide guidance on how to renew!
A trademark is a type of intellectual property which is primarily used to protect a company's logo, slogan, or business name. A patent is used to protect the functionality of a business or the outer appearance of the product. In many cases a dual approach to filing both a trademark and a patent application is needed to protect the most valuable assets of a company: their IP.
According to USPTO rules and laws, only an licensed attorney, that is licensed by a state bar can file a trademark. Every trademark received by WizardIP is filed by a licensed attorney. On the other hand, if you are the owner of the trademark, you can apply for trademark registration by signing up for an account on the USPTO's Trademark Center and submitting an application.
Patents, however, can be filed by a licensed patent agent or by the inventor's listed on the patent. Careful consideration should be taken to hire an experienced and licensed professional to draft a patent and ensure it meets the requirements for submission at the USPTO.
Contrary to what is believed by the mass public, there is no such thing as a patent attorney or patent agent. A patent agent and patent attorney both take the same exam at the USPTO to become licensed patent practitioners. However, a patent attorney will take an additional, and unnecessary step to become licensed by the state bar to represent clients in court.
If you're launching a Florida tech startup or an online store, securing both patents and trademarks can give you a competitive edge and prevent competitors from easily copying your business. A patent protects your innovative technology, while a trademark ensures your brand remains recognizable and exclusive.
Here are a few examples of startups that can use dual protection:
1. A Miami-based wearable tech startup patents a new biometric sensor and trademarks the product’s name.
2. An Orlando-based eCommerce business trademarks its catchy brand name and patents its innovative fulfillment system.
3. A Tampa-based women's accessory manufacture which speciliazes in women's purses and jewelry trademarks the name of their business and products, and protects the designs of their jewelry and purses with a design patent.
WizardIP makes it easy for Florida businesses to apply for a trademark by using our intuitive app, which makes the process to collect the necessary information easy. The information is then packaged and provided to a licensed trademark attorney who files the application and becomes your representative at the USPTO.
We have automated the design patent process, and have licensed, expert patent agents who can help you file your patents!
