Which Type of Intellectual Property Should I Apply For?
In order to determine which type(s) of intellectual property you need, let's illustrate an example using an oven mitt. Let’s say you made an improvement from a basic oven mitt. Different types of innovation require different protection.
Unique design, same function
(oven mitt shaped like a dog)
The value of your innovation lies in the design - the way it looks - so you should apply for a design patent.
Same basic design, improved function
(oven mitt with traction strips to improve grippability)
The value of your innovation lies in the way it works - so you should apply for a utility patent.
Are you trying to name, brand or market an oven mitt?
(oven mitt shaped like a dog)
The value is in your name, logo or slogan because it is how potential customers know your brand and reputation, so to protect it, you should apply for a trademark.
Did you make an original creative work related to oven mitts?
(oven mitt shaped like a dog)
The value is in your creative work because it is an expression unique to you. You should apply for a copyright.
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