When it comes to intellectual property, trademarks and patents are two of the most important concepts to understand. A trademark protects names, short slogans, or logos, while a patent protects new inventions, processes, and compositions of matter (such as drugs). It is important to note that ideas cannot be patented; the invention must be incorporated into a process, a machine, or an object. In some cases, overlap may occur when a design patent protects the product's ornamental design and the design is also used as an identifying symbol.
In this case, both brand and patent protection can apply. It is important to remember that a patent is not enforceable until it has been examined by the United States Patent and Trademark Office (USPTO) and has been issued.
