How to Put a Trademark or Patent on a Toy

Toy patents do not completely protect the toys you develop, but they allow you to prosecute people who exploit or sell your ideas without your permission. Toys generate billions of dollars in revenue each year and employ people worldwide. Toy patents assist huge corporations, and inventive people receive the proper rewards for their ideas. Patenting your toy is simple, and it protects your future rights if you choose to sell it.

How to Determine Whether a Toy Is Patentable?

To be patentable, toys must be distinctive, non-obvious, and useful. Non-obviousness is the most difficult condition because most toys are simple and low-tech. Most toy designs are submitted as utility patents, which expire 20 years from the application filing date.

Patents vs. Trademarks

Patents cover new or improved innovations, whereas trademarks include one or more phrases, words, names, symbols, or gadgets that are used to identify a product. You could, for example, create a one-of-a-kind doll. To avoid forgeries, you need a patent for the physical toy and a trademark for the name or label. Patents and trademarks have distinct costs, so you should consider which one you’ll need first if you have a limited budget.

Conducting a ‘Prior Art’ Search

It is critical to ensure that no pre-existing technology is comparable or identical to the toy technology you wish to patent. You should use the World Intellectual Property Organization’s Patent Scope search engine to seek abstract applications.

Patenting a Toy Idea

To patent your toy concept, create a one-page abstract that specifies the toy’s functions, how to use it, and how to construct it. Use language and pictures to demonstrate that your idea is original, non-obvious, and helpful. With only the description as a source, a trained craftsman should be able to create the toy.

If you write your patent claims too broadly, the United States Patent and Trademark Office, often known as the USPTO, will instruct you to revise them or reject your application. If your patent claims are too narrow, another individual or firm can replicate your idea without violating your patent. To prevent these issues, use an expert to assist you in drafting your application.

Submitting Patent Forms

Following the creation of your claim, the following procedures should be taken to submit a patent form:

1. Go online to the United States Patent and Trademark Office to get the necessary forms.
2. Fill out a cover sheet, an application data sheet, and a fee transmittal form with the necessary information regarding your invention.
3. Keep digital copies of all documents.
4. Use EFS-Web, the USPTO’s electronic filing system, to submit your application online.
5. Pay your filing fee using a credit or debit card online.
6. Respond to any USPTO inquiries or revision requests.

The fee varies depending on the type of patent and the manner of filing. Small organizations that have not sold or licensed the rights to an invention before filing may be eligible for a cheaper charge. The USPTO often sends applicants many revision requests. It may, for example, advise you to reduce or broaden your patent claim. You can react by making improvements or stating why your application is sufficient.

Marketing Your Product

Once your patent is issued, you may publish your idea in the USPTO’s Official Gazette and advertise it to manufacturers. You won’t have to spend time and effort advertising your new gadget to several firms this way. Because submitting helps protect you from intellectual property theft, you can promote your product before your patent is authorized. Remember that a patent will not protect your creation. It just grants you the right to sue anyone who violates your creation.

Tips for Protecting Your Toy Designs

To protect your ideas, follow these simple guidelines:

• Select the appropriate type or form of intellectual property protection.
• Keep the shelf life of your toys in mind.
• Consider using design patents to protect parts of your toys.

Using many utility and design patents allows you to protect your toys’ appearance, features, and construction. Copyrights can also be used for works of art such as paintings, sculptures, pictures, short tales, the appearance of board games, and the appearance of characters in video games.