Frequently Asked Questions

About patents, trademarks, copyrights, and what to expect when working with our firm.

Click a category below to explore questions.

> Patent FAQs

Yes, in some cases, you can. If the application is still pending, we may be able to submit evidence (called “prior art”) to show the invention isn’t new. If the patent has already been granted, we might challenge it through a process called Inter Partes Review (IPR), which is handled by the Patent Office rather than the courts. These challenges are technical and time-sensitive, but they can be an effective way to stop invalid patents from harming your business.

The United States Patent and Trademark Office allows individuals to file their own patent applications, but it does not recommend it. The process is technical and highly detailed, and even small mistakes in how your invention is described or claimed can lead to rejection or leave you without meaningful protection.

Writing a strong patent application, especially the claims, takes years of experience. If your application is poorly written and becomes public, it could limit your ability to obtain broader or more effective protection later. Under U.S. law, you also have only one year from public disclosure to file. Once that window closes, you may be permanently blocked from patenting the invention.

Working with an experienced patent attorney from the beginning helps ensure your invention is properly protected and avoids delays or costly setbacks.

Yes. A patent is an asset you can license to others or sell outright. We can assist with agreements and negotiations to make sure your rights are protected.

Publicly sharing your invention before filing a patent application can limit or even destroy your rights, especially outside the U.S. In the U.S., you generally have a one-year window to file after public disclosure, but many other countries require you to file before any public sharing. If you need to discuss your idea beforehand, using confidentiality agreements can help reduce risk.

No. You don’t need a prototype, but you do need to be able to clearly and fully describe how your invention works. Your patent application must include enough detail that someone skilled in the field could understand and reproduce it. A working model can help, but it’s not required.

That depends on your goals. A patent gives you strong legal rights and can increase the value of your business, but some inventions can also be protected with trade secrets, contracts, or other strategies.  

There’s no such thing as a single global patent. Patent rights are granted country by country, so protection in the U.S. only applies within the United States.

If you want protection in other countries, you’ll need to file in each one. Many inventors use the Patent Cooperation Treaty (PCT) process to streamline international filings and delay costs, or file directly in specific countries based on their business goals.

To be patentable, your invention must be new, useful, and not obvious — meaning it can’t be a simple or predictable variation of something that already exists.

Determining this isn’t always straightforward. Even if you don’t find anything similar online, there may be existing patents or published applications that affect your ability to obtain protection.

A professional patentability search and evaluation helps identify relevant prior art and determine whether your invention is likely to qualify. It also helps guide how your application is prepared by focusing on what makes your invention unique.

If a patentability search indicates your idea isn’t likely to qualify, we’ll explain why and recommend the best path forward.

Utility patents last 20 years from the date you file the application. Design patents last 15 years from the date they’re granted.

To keep a utility patent active, maintenance fees must be paid at set intervals—specifically at 3.5, 7.5, and 11.5 years after the patent is granted. If those fees aren’t paid on time, the patent can expire early.

Patent timelines can vary widely depending on the type of application and how the U.S. Patent and Trademark Office handles the review. Many applications take one to several years.

Working with an experienced legal team can help streamline the process and reduce delays by getting things right from the start.

The cost of preparing and filing a patent application depends on the complexity of the invention and the amount of work involved. Preparing a strong application typically includes drafting a detailed written description, developing patent claims, and working through any issues that arise during examination with the United States Patent and Trademark Office (USPTO).

After learning more about your invention, we provide a personalized fee quote covering the preparation, drafting, and filing of your application. If additional work becomes necessary during the process, such as responding to USPTO actions or pursuing an appeal, we’ll discuss those costs with you and obtain your approval before moving forward.

In some cases, inventors choose to begin with a provisional application as a first step before moving forward with a full (non-provisional) patent application.

No — the so-called “poor man’s patent” is a myth. The idea is that you can mail yourself a description of your invention and use the sealed, postmarked envelope as proof of your rights. Unfortunately, this doesn’t offer any real legal protection under U.S. patent law.

The U.S. operates on a “first to file” system, meaning that the first person to file a proper patent application, not the first to invent, usually has the rights. If you’re looking for a more affordable option, a provisional patent application is often a smart first step. It can secure your filing date and give you 12 months to pursue a full (non-provisional) patent.

If the U.S. Patent and Trademark Office rejects your application, you’re not out of options. In many cases, you can revise and resubmit your application to address the examiner’s concerns. If needed, you may be able to appeal the decision through the Patent Trial and Appeal Board (PTAB).  

A patent is a form of legal protection for an invention. It’s a document issued by the U.S. Patent and Trademark Office that gives you the exclusive right to prevent others from making, using, selling, or importing it for a limited time.

A provisional application is a lower-cost way to secure a filing date without submitting a full application right away. It gives you 12 months to test your idea, refine your product, or raise funding before filing a non-provisional patent. We’ll help you decide if a provisional patent is the right move for you.

 There are three types of patents, but most inventors work with one of the following:

  • Utility patents protect how something works or is used, like a new kind of phone charger, medical device, or software process.
  • Design patents protect how something looks, like the shape of a bottle or the decorative surface of a product.

There’s also a third, less common type called a plant patent, which applies to new plant varieties developed through asexual reproduction.

In addition, you may choose to start with a provisional patent application. While it’s not a separate type of patent, it allows you to secure an early filing date and use the term “patent pending” while you finalize your full application. It gives you 12 months to prepare and file a non-provisional patent.

A patent search is a critical early step in the patent process. It involves reviewing existing patents and published patent applications to see if your invention is truly new and potentially patentable.

Professional patent searches go well beyond a quick internet or Google Patents search. We carefully examine the U.S. Patent and Trademark Office (USPTO) database, as well as international databases, to identify prior art, or existing inventions that are similar to yours.

This helps us evaluate the likelihood of your patent being approved, identify potential risks or limitations, and refine your application to emphasize what makes your invention unique.

A thorough patent search can save time and money by reducing the risk of pursuing an application that’s likely to be rejected or challenged.

You can start using the term “patent pending” as soon as you’ve filed a provisional or non-provisional patent application with the U.S. Patent and Trademark Office.

It doesn’t mean your invention is officially patented, only that you’ve taken the first legal step to protect it. Using “patent pending” can deter competitors and show that your product is in the process of being protected.

You should file as early as possible, ideally before sharing your idea publicly or discussing it without protection in place.

In the U.S., you generally have a one-year grace period to file a patent application after publicly disclosing your invention. Once that disclosure occurs, the one-year clock begins.

However, many other countries do not offer this grace period. If you publicly share your invention before filing, you may lose the ability to obtain patent protection there entirely.

Even if you’re not sure yet whether you’ll want international protection, filing early helps preserve that option.

> Trademark FAQs

Yes, you can. While there’s no single “global” trademark, we can help you apply for protection in other countries.

If you already have a U.S. application or registration, we can file through an international system that covers over 100 countries with a single application.

We can also support you in applying directly in specific countries, depending on where you do business or plan to expand.

Yes. You can apply for a trademark based on your plans to use the name in the future. This is called an “intent-to-use” application.

You don’t have to be selling a product or service under the name yet, but you’ll need to show proof of use — like a website, product label, or marketing material — before the trademark can be fully registered. We’ll help you file the application now and submit the right evidence when the time comes.

In most cases, yes. Online searches are a good starting point, but they won’t uncover everything. Some trademarks may be registered but not visible in search engines or widely used online.

A professional trademark search reviews the full United States Patent and Trademark Office database and other sources to identify similar marks that could lead to delays, refusals, or conflicts. It also helps assess whether a mark is likely to cause confusion before filing.

Registering your trademark is an important first step, but protecting it is an ongoing process.

To maintain your rights, you must continue using the mark in commerce, file required renewals on time, and monitor for others using similar names or logos. If infringement occurs, enforcement options may include cease-and-desist letters, negotiated resolutions, or, if necessary, litigation.

A registered trademark can last indefinitely, as long as you continue to use it in commerce and meet the renewal requirements set by the U.S. Patent and Trademark Office.

To keep your registration active, you’ll need to file certain legal documents and pay renewal fees at regular intervals. We’ll help remind you when deadlines are coming up and assist with the required filings to keep your trademark in good standing.

It typically takes several months to over a year, depending on whether the United States Patent and Trademark Office raises any issues during their review. These could include questions about your application or requests for clarification.

The cost to register a trademark varies depending on the nature of the application and the services needed. For one class of goods or services, the typical cost to prepare and file a trademark application is around $1,600.

Some clients also choose to have a trademark search and legal review completed before filing to help identify potential conflicts. Trademark searches are offered separately.

In some cases, additional work may be required during the USPTO review process or before a registration can issue. If that happens, we will discuss the available options and obtain your approval before moving forward with any additional services or fees.

You can trademark names, logos, slogans, product packaging, and even sounds or colors, as long as they identify your business and distinguish it from others.

Think of Nike — the name, the swoosh logo, and the slogan “Just Do It” are all trademarked, or Coca-Cola, whose distinctive bottle shape is protected.

A startup might trademark its app name and icon. A small business could protect a catchy slogan or distinctive product label. Even a unique jingle or color scheme used in branding may qualify.

Registering a trademark means applying to the United States Patent and Trademark Office (USPTO) for official recognition of your trademark. This process involves submitting an application that identifies your trademark, the goods or services it represents, and how it’s used in commerce.

Once registered, your trademark is entered into the federal database and publicly recorded as your intellectual property. This makes it easier to prove ownership, monitor potential conflicts, and enforce your rights if someone else tries to use something similar.

Once your application is filed, the United States Patent and Trademark Office reviews it to make sure it meets all legal requirements and doesn’t conflict with existing trademarks.

If there are any issues, such as technical problems or similarities to other trademarks, they’ll issue what’s called an office action, which requires a response.

If everything checks out, your application is published for opposition, giving others a chance to challenge it. If no one objects (or any objections are resolved), your trademark will be registered.

It depends on several factors, including who used the mark first, how similar the names or logos are, and whether they’re used for related products or services.

Trademark rights are based on priority and the likelihood of confusion. Even if a name or logo isn’t identical, it may still present a conflict if customers are likely to believe the goods or services come from the same source. In some cases, a mark may still be available with adjustments or limitations.

A trademark (or “mark”) is a word, name, logo, or other identifier used to distinguish your products or services from those of others. It protects the elements that make your business recognizable, such as your name, slogan, or logo.

  • A trademark identifies the source of a product or service.
  • A brand is the broader identity and reputation of a business.
  • A copyright protects original creative works, such as music, writing, and art.
  • A patent protects inventions and functional designs.

The ™ symbol can be used with trademarks that haven’t been registered. It lets others know you’re claiming rights to a name, logo, or slogan.

The ® symbol can only be used once your trademark is officially registered with the U.S. Patent and Trademark Office. It shows that your rights are legally recognized and gives you stronger protection if someone tries to use something similar.

In most cases, it’s best to file as early as possible. You don’t need to be using your trademark yet; you can apply based on a genuine plan to use it and establish your filing date with the United States Patent and Trademark Office.

Filing early helps protect your brand by giving you priority over later applicants and by identifying potential conflicts before you invest in a name, logo, or slogan. Because the process can take months, starting early also helps move things forward while you prepare to launch.

You can file a trademark application on your own, but the process is more complex than it appears. Many self-filed applications are delayed or refused due to issues with how the goods and services are described, conflicts with existing trademarks, or missed legal requirements.

Working with an experienced attorney helps ensure the application is prepared correctly from the start, potential issues are identified early, and any questions from the United States Patent and Trademark Office are handled appropriately. This helps avoid costly mistakes and keeps the process moving forward efficiently.

You gain some rights by simply using a trademark, but federal registration gives you stronger legal protection — including nationwide ownership, the right to use the ® symbol, and the ability to sue for infringement in federal court. It also makes it easier to stop others from using a similar trademark and to register your brand internationally if needed.

> Working With Our Firm

Not at all. We work with clients across the United States and internationally. Most of the process can be handled remotely, so wherever you’re located, you’ll receive the same level of attention and service.

We prioritize clear, responsive communication. Most conversations take place by phone and email, but if you’re local and prefer to meet in person, we’re happy to schedule a meeting at our Largo office.

That’s no problem. Many clients come to us after starting the process themselves. We’ll review what’s been filed, identify any issues, and take it from there. Whether you’re midway through or just getting started, we can step in and help you move forward with confidence.

That depends on the type of protection you’re seeking. We may ask for materials like technical drawings, product photos, examples of how your brand is used, or a copy of your creative work. You don’t need to have everything ready before reaching out — we’ll guide you through what’s needed as we go.

The first step is to reach out to our office with details about the invention, brand, or creative work you’d like to protect. It’s completely fine if you’re not sure yet whether you need a patent, trademark, or copyright. Just share what you have, and we’ll help you sort it out.

From there, someone from our team will follow up to request any additional information or schedule a phone call or in-person consultation. During that conversation, we’ll answer your questions, outline your options, explain timelines, and provide a clear cost estimate based on your specific situation.

Because we’re a small, family-run firm, you’ll work directly with our office administrator, Mickey Larson, along with one of our attorneys or patent professionals. You won’t be passed between unfamiliar staff. You’ll have a consistent point of contact throughout your project.