Stick-O: Should It Possible To Be Protected Legally

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In this case, the question at hand is whether the product developed, “Stick-O”, is eligible to be protected legally. Intellectual property can be protected by the federal government in three ways: a patent or a protection on an invention, a copyright, which protects tangible writing, and a trademark, which protects marks (such as logos and names). The product, “Stick-O”, should seek a patent and trademark for legal protection.

For the product to be protected from larger companies, the company should apply for a patent. The Federal Patent Statute establishes the requirements for obtaining a patent and protects patented inventions from infringement. A patent is a grant by the federal government to the inventor of an invention for the exclusive right to use, sell, or license the invention. The company must file an application with the Patent and Trademark Office (PTO) in Washington, D.C. The application should include a written description of the product in which patent attorney’s assistance is recommended. To be patented, a product must be novel, useful, and non-obvious. A product is novel as long as it’s new and has not been invented and used in the past. An invention is useful if it has some practical …show more content…
There is also the public use doctrine, which says that a patent may not be granted if the invention was used by the public for more than one year prior to filling of the patent application. “Stick-O” was invented by this company and has not been on the market for more than one year, so it is within the limits of both the AIA and the public use doctrine. While in the process of applying for a patent, the company should acquire a provisional application through the PTO, which allows the inventor a three-month period of time to prepare a final

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