Expert: George H. Morgan, P.E., Patent Agent - 6/21/2010

Question
I've created a miniature toy that would be good for doll play. I' have seen nothing like it, although it is a common item, like play food for instance. I don't know how to protect my design and material choices.  A local shop is interested in sell a few for me, but I'm not sure what steps I should take. Do I copyright or do I need to patent?  What's my next step?  Thank you.

Answer
I can not comment on copyright law. For that, you need to find a member of the state bar that deals in copyrights and trademarks. (There are trademark possibilities also.)

A patent would give you some protection, depending how good a patent was allowed by the patent office examiner, which depends considerably on prior art.

My web site has a lot of free  info. My book review page has helpful texts available from your local free public library. I especially recommend you peruse "Patent It Yourself" by David Pressman, published by Nolo Press. Nolo Press also puts out texts on other subjects, including Copyrights.

My web site: http://www.evansville.net/biz/patagent

On the inventors resource page, there is a link to the Ron Riley Caution site warning of specific invention promotion firms that are to be viewed with  caution. Some of them advertise on Allexperts, even on my profile page, much to my chagrin.

Deal only with patent practitioners registered with the U.S. Patent and Trademark Office & for copyrights and trademarks...Attorneys that are members of your state bar association.

Invention Promotion firms with general titles, such as "Absolutely New", Invention Submission Corp., Davison, Invent Tech should be avoided. They are very  persuasive. It is quite a racket.

I hope that helps.

Best Wishes on your project!

George H. Morgan