Do I always need a patent for my business idea?

The quick answer is no, not always. But for some reason most people want to patent their idea. Let’s explore.

How often have you heard someone say, “My idea needs a patent” or “I will make a billion on a patent for my____ ?”

How about this scenario: A client receives an email from a competitor that demands she stop using its “patented name.” Patents are not granted for names. In another situation, the name associated with a patented product may well be a potential trademark or copyright but the name itself is never patentable.

Another extreme is an inventor who had IP tunnel vision in creating his or her product, securing patents, and finding early customers. He or she was successful with all patents but unfortunately, the product’s name infringed upon a trademark in a major way. Unravelling that type of mess is expensive; however, the inventor could have avoided it all if he or she had considered every type of IP for each idea or invention.

Download the full PDF for case studies!