Branding VS Patenting

In some cases your brand is your protection. Take Coca Cola for example. They are a household name, have products in every country on the planet and their product is not patented. Why? Because if they patented it they would have to disclose the formula. They have relyed on a strong branding of the company and its products to protect their share of the market.
Another example would be Xerox. Their product has become known for the function of the product. How many times have you heard someone say "I need to xerox this?" A strong brand can outlive the patent and keep your company ahead of any knockoffs.

Hi Roger,

Thank you for posting this information.

How would an inventor really know if they can accomplish a strong branding for their products and/or their company?

Thank you in advance for your time

Hi Sally,

Some of the hurdles would be to know how much saturation into the market you would be able to get as quickly as possible. If you are able to hit the shelves in the broadest scope and cover as many stores/chains as possible you make it harder for the competitor to push you off the shelf. Getting the word out to the media that your product is available helps make you the one to beat. You can get plenty of free publicity through the media if you have the right hook to make it news worthy. It is also helpful if you license your product to a company thta already is known for great products and has a commanding presense on store shelves. Then your product is taking advantage of the reputation they have already established.

Hi Roger,

If i patent an invention, that has multiple applications and i have designed 10 marketable applications of this invention, can i license individual uses for the patent in respect to the different designs?

All 10 designs relate to the patent and would be so named according to there specific applications building a brand. But i have only prototypes, no sales, and no real company! Rather than starting a company from scratch i am interested in a licensing deal on one of the applications keeping patent rights on the rest so that i can get higher royalties / % of company on future released designs?

So as far as licensing deals- could i expect to negotiate a flat fee for limited licensing and a royalty on the first released design?

Possibly with an option of first right of refusal on future limited licensing?

If i don't want to start or run a company but would like to create a brand for the patent and its applications should i trademark or copyright the brand name now? and can i make license deals off of the trademark or copyright?

DrJiM

DrJim,
The answer to all your questions is Yes. Everything is negotiable it is just a matter of finding a company willing to meet your requirements. That is where you may find certain hurdles. Also on the trademark issue you can trademark it but also understand the company licensing it may decide they want to market it under a different name that better suits their line.