A copyright protects published and unpublished artistic expressions like movies, books, and music. In some cases, you may be able to apply for both a patent and a copyright for an object’s unique ornamental design and its value as a work of created art. 

A patent prevents someone else from selling or making your invention or a new discovery. A trademark, on the other hand, protects a word, name, symbol, device, or any combination of those that identify a commercial brand. Unlike copyright, these two rarely overlap. However, you may need to apply for a trademark to protect the name of your new product and prevent others from using it.

Intellectual property law—especially as relating to patents—is incredibly technical. It requires someone with both the legal and scientific know-how to make sure your idea isn’t already patented and to challenge someone if they infringe on your patent. Talking to an expert is vital.

Once you have applied for a patent application, you are able to market your invention as “patent pending.”  This lets potential infringers of your invention know that they could be liable for damages once your patent application is granted.

A provisional patent application allows you to become patent pending quickly and inexpensively.  A provisional application is never published or examined, but it reserves your filing date for up to one year before it must be converted into a non-provisional application.