Patents — FAQs

What can be patented?
Generally, any new, useful, and non-obvious invention or discovery can be patented, including machines, processes, software-related inventions, chemical compositions, and certain biological innovations. An idea alone isn't enough, it must be a specific, workable invention.

What's the difference between a provisional and non-provisional patent application?
A provisional application establishes an early filing date and gives you up to 12 months to file a full non-provisional application, often at a lower upfront cost. A non-provisional application is the formal application that the USPTO actually examines and can lead to an issued patent.

How long does the patent process take?
On average, the process takes around 22 months from filing to grant, though timelines vary depending on the technology area and whether the application faces office actions or rejections.

How much does it cost to get a patent?
Costs vary widely based on invention complexity, but provisional applications are generally more affordable, while full non-provisional applications and prosecution typically range from a few thousand dollars and upwards, depending on complexity and any challenges during examination.

Do I need a patent before I show my invention to investors or manufacturers?
Not necessarily, but disclosing an invention publicly without protection can start a clock on your filing deadline and may jeopardize foreign patent rights. We generally recommend at least filing a provisional application before any public disclosure.

What happens if my patent application is rejected?
A rejection, called an office action, is a normal part of the process and doesn't mean the end of your application. We can respond with arguments or amendments to address the examiner's concerns, though additional fees may apply depending on the scope of work involved.

Trademarks — FAQs

What can be trademarked?
Trademarks can protect brand names, logos, slogans, and in some cases even sounds, colors, or product packaging, as long as they're used to identify the source of goods or services in commerce.

Do I need to use my mark before applying for a trademark?
No. You can file an "intent to use" application before your mark is in commercial use, though you'll need to file a Statement of Use once you begin using it before the registration process is complete.

How long does trademark registration take?
Typically 12 to 18 months from filing to registration, though this can extend if the application faces an office action, opposition, or other delays.

What's the difference between ™ and ®?
The ™ symbol can be used with any mark you claim rights to, registered or not. The ® symbol can only be used once your mark is officially registered with the USPTO.

Do I need a trademark search before filing?
Yes, we strongly recommend it. A clearance search helps identify potentially conflicting marks before you invest time and money in a brand, reducing the risk of office actions, opposition, or having to rebrand later.

What happens if someone is using a mark similar to mine?
Depending on the circumstances, we can help you evaluate your rights and options, which may include sending a cease-and-desist letter, filing an opposition or cancellation proceeding, or pursuing litigation if necessary.

Other IP (Copyright, Trade Secrets & Licensing) — FAQs

Do I need to register a copyright to be protected?
Copyright protection exists automatically once a work is created in a tangible form, but registering with the U.S. Copyright Office provides important legal benefits, including the ability to sue for infringement and seek statutory damages.

What qualifies as a trade secret?
A trade secret is any confidential business information that provides a competitive advantage, such as formulas, processes, customer lists, or proprietary methods, as long as reasonable steps are taken to keep it confidential.

How do I protect a trade secret?
Unlike patents or trademarks, trade secrets aren't registered with a government agency. Protection comes from internal safeguards such as non-disclosure agreements, restricted access, and clear confidentiality policies.

What's the difference between licensing and selling IP rights?
Licensing allows another party to use your intellectual property under specific terms while you retain ownership, whereas selling, or assigning, transfers ownership entirely. Licensing is often used to generate ongoing revenue while keeping control of the underlying IP.

Can I have more than one type of IP protection for the same product?
Yes. For example, a single product might involve a patent for its functional design, a trademark for its brand name, and a copyright for its packaging artwork. A comprehensive IP strategy often combines multiple protections.

Do I need a written agreement to license my IP to someone else?
Yes, always. Verbal agreements create significant risk and ambiguity. A written licensing agreement should clearly define scope, payment terms, duration, and what happens if either party breaches the agreement.