So you can protect your product innovation from imitation

A successful business start-up usually begins with a good idea for a product innovation. Shortly before entry or during the search for suitable cooperation partners raises many new entrepreneurs how to protect their product idea to prevent imitation by the competition. For pure product ideas but this is usually not possible. The idea is in fact only being protected if it actually exists in a particular form. The following article outlines the possibilities to be available under US law.

For product innovations following registry protection rights are:

Utility Model
As the patent can also use a pattern protect a technical invention that is new and involves an inventive step. Method cannot be protected by the utility model.
The requirements of the technical idea is not as high as in the patent, the protection is correspondingly less. Whether the utility model helps in case of dispute, seen in retrospect, since only the privileged nature is examined. In contrast to the patent application, only the formal correctness and not the technical of protection are in the utility model application that is first examined.
Advantages of the utility model are that the test is done much faster (about 3 months). Utility model is also much less expensive than the patent.


Namely that protects appearance and presentation of the product. For this purpose, however, the product must already be present in a particular aspect of an abstract idea alone is not capable of protection, for example. An industrial design, a certain part of the product can be protected.
Precondition for a more formal (and untested) entry in the Designs Register first is the novelty of the design. This applies a grace period of twelve months. If their features differ only in immaterial details, patterns are considered identical.
Secondly, the design must have a certain character based on the overall impression. The design protects not only identical acquisitions of Style: A new pattern must be distinguishable in the overall impression of the older model.

On the question of how an idea is to protect, is mostly spoken automatically ‘patented idea’ of. However, the fact is far from every idea patentable. However, if there is a technical invention at the idea of the patent is to protect the strongest form an innovation in fact – if certain requirements are met.

Conditions for a patent are that there are first, an invention is (technical teachings using controllable natural forces causally for success are), secondly the novelty (that is, not belonging to the current state of the art), and thirdly the Rely inventive step that has to reach a certain level of invention. In addition, the patent must also be capable of industrial application fourthly. This all requirements can easily be followed with the help of Fort Worth patent attorney.

In US, the patent application at the United States Patent and Trademark Office (USPTO) is set to (testing typically takes about two to two and a half years)
After successful grant procedure protects the patent for a period of 20 years.

Trademark Law

One way to protect certain characters (e.g. word or picture) provides trademark law. In different ways, both registered trademarks as well known. Use of trademarks or business names can be protected, especially when they identify sufficient differences to other brands or names. Although the application has no special requirements, but it must also be mentioned as the other rights fleshed out and must not be present only as a mere idea.
In addition to the registration mark law alone can also arise if the trade mark used in the market has already achieved great so-called notorious reputation. The registration of an Internet domain or similar on the other hand does not represent any brand protection.

Many rights can be protected internationally by the way, so companies cannot enforce their rights against unauthorized use only in Germany but throughout Europe, for example, or in specially selected countries.

Unfortunately, none of these come registry protection rights into consideration for business ideas. It is therefore difficult for entrepreneurs to protect a business model from competition, since the pure model (e.g. sale of delicious coffee) so it cannot be protected, but only the concrete form of, for example Featuring shops, equipment, colors, etc. But also because encounter the rights betimes to their limits.


Copyright protects intellectual property in ideal and material terms. It protects a specific work of the author, for example from literature, science or art. Whether a work is not eligible for protection, is also tied to certain conditions. For example, it has to reach a certain level of creation, so to achieve a high level of originality. Thus, the Copyright does not protect ideas since they must be manifested only in the factory. Optionally, however, can be regarded as worthy of protection by copyright work already worked out sketches of ideas.
By the way: In contrast to the register property rights aforementioned copyright exists already with the work of creation. It does not have to be registered.

Employee Inventions

The future founder or founders of the future is still in an employment relationship, the idea, if it is an idea which also fall under the Employees’ Inventions. In this case, the employer was in principle to a service invention, the employee would be invented only a claim for compensation in return.

Competition Law

Since competition law usually not from imitation to protect (the principle of freedom to copy) is for written closure of a non-disclosure and NDA for Non-Disclosure Agreement to advise, before the idea e.g. is disclosed in co-operation talks.

So these are the ways to protect your intellectual property which can easily be achieved by the help of fort worth intellectual property attorney.

Steve enjoys writing on almost any topic. As on an obvious choice, he picked writing as his profession as a freelance writer. He has a keen interest in digital promotion and marketing. He is one of the brains behind the content curation site- Rulzz.