Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: hjavidnia on May 16, 2019, 02:47:45 PM

Title: Patent? Trade secret? Or Trade mark?
Post by: hjavidnia on May 16, 2019, 02:47:45 PM
Hello everyone!
I have an idea of a Drink which is very popular in some countries, but not her in the US. Since I am planning to make and sell it myself, I am worry that everyone can copy and sell it.
My question is that should I patent it or just trade secret or trade mark?
 
Also, Since the drink that I am thinking about, comes with 6 different flavors, should I go through patent process for each one individually?
I am willing to hire a patent attorney, just want to have an idea of what should I go through,
Thank you.
Title: Re: Patent? Trade secret? Or Trade mark?
Post by: Brad on May 17, 2019, 09:02:55 AM
If you are not the person who first created or invented the drink than you are not allowed to apply for a patent.  Only the original inventor of the invention can apply for a patent.

I would consider looking into a Trademark to protect your branding and imaging.   A good trademark attorney is: https://jpg.legal/


Title: Re: Patent? Trade secret? Or Trade mark?
Post by: DC on May 30, 2019, 01:00:10 PM
On the website you state that a patent may not be necessary for software developed for the business or finance industry. How do we best protect our software from not being duplicated? Is copywriting sufficient?
Title: Re: Patent? Trade secret? Or Trade mark?
Post by: Brad on May 30, 2019, 04:16:49 PM
If I had a new software product in the business/finance space I would try all options to protect it:

1) Patent with a focus on any technical challenges the software solves (this is a long shot but may be worth it depending on the amount of investment going into the product)

2) Copyright to protect the code (stops people from copying your code directly)

3) Tradesecret on any process, formulas, etc. that can be kept secret (object code) and that are not included in the patent.

4) Trademark on the name/branding of the product.

Likely item #4 will be most valuable.   There are 100s of auction websites out there but eBay is a billion dollar company because of its brand recognition and user base, not because of their patents.