By far, the Trademark, Copyright and Patent Cheat Sheet is the most popular page on this website. So, I was happy to find this article from Darin Klemchuk laying out the cost and benefits you can expect from taking advantage of any of these intellectual property protections. However, though the article was very comprehensive, I decided to summarize the information in a simple cost-benefit chart. I hope you find this helpful:
Benefits
Copyright
protects the creative expression of an idea but not the idea itself.
If you register a copyright before the infringement begins you can recover attorney’s fees and other types of damages.
Trademarks
protect products, service marks trade names, etc. and serve as identifiers of the source of a product or service.
These do not expire and continue as long as they are used in commerce.
Patents
provide an owner with the right to stop others from making, using, selling or offering for sale an invention.
BUT:
The United States has a first-to-file system. So or else you may be barred from your quest for patent rights.
Cost
Do-It Yourself Online: $35
Attorney cost: approx. $250 to $500
PTO filing fee: of $325 per class of good or services claimed,
Attorney cost: approx. from $500 to $1,500 to prepare and file an application
Cost: $5,000 to $10,000 or more including filing fees if the matter is handled by an attorney.
Additional Restrictions:
Disclosures, public use and sales taking place before the application’s filing.
If you are want to find out more about what you need to do to file a copyright, trademark or patent, check out our cheat sheet.
