To Patent Or Not To Patent .... That is The Question in Small Business Startup Journal - The Journey To Starting My Own Brand of Travel Clothing and Handbags

So I have been focusing this week on patents, trademarks and to my recent surprise I have also discovered design rights. I am struggling as to whether or not I actually get a patent or need a design right. I already know I will need a trademark for my logo which is a given.

The problem is that what I am specifically trying to protect is two different elements that have never been put together being finally put together. For example the designs of my bags are not going to have some unique one of a kind visual aesthetic. That would go against their purpose. This would mean they would not need a design right as design rights cover you for unique visual features e.g. Samsung’s curved tv would have a design right.

However the technology that I am using in my bags is also not new. It is technology that already exists and is commonly used in many bags. What will make my designs unique is how I bring these two elements together - the visual aesthetics and the technology will be specific to my brand. Would a patent cover this? I am not sure. A patent covers unique or new processes or technology e.g. Samsung’s Android system would be patented.

I am researching as much as I can, but it is looking more and more like I will need to hire some sort of professional advice. If I need a design right and patent, I will need to apply for them both at the same time, as once one is registered you cannot then go and register the other.

However if I only need the one I will have wasted valuable money and time that I cannot get back. If my product cannot obtain either of these applications then I will have wasted ALL of my time and money on something that I was never able to get when I could have been using my time and money elsewhere.