A guide to protecting intellectual property through patents, trademarks, copyrights, and trade secrets, covering filing procedures, costs, timelines, and enforcement strategies.
Determine which type of IP protection applies — patent, trademark, copyright, or trade secret
Patents protect inventions and processes (20 years). Trademarks protect brand names, logos, and slogans (indefinite with renewal). Copyrights protect creative works (life + 70 years). Trade secrets protect confidential business information (indefinite with proper safeguards). Many products need multiple types.
Document the creation date and all contributors to the intellectual property
Keep a dated lab notebook, design files, or version-controlled repository. For inventions, the date of conception and the date of reduction to practice matter for patent priority. For copyrights, the creation date establishes when protection begins — copyright exists automatically upon creation.
Conduct a preliminary search to check if similar IP already exists
Search the USPTO patent database (free at patents.google.com), trademark database (TESS at uspto.gov), and copyright records (copyright.gov). A professional patent search costs $500-$2,000 and is more thorough than self-searching. A trademark search (knockout search) costs $300-$800.
Determine if your employer has any ownership claims to the IP
Most employment agreements include an invention assignment clause. Work created within the scope of employment is typically owned by the employer under the 'work for hire' doctrine. Review your employment agreement and any IP assignment documents before filing personally.
File a Patent Application
Decide between a provisional patent application (12-month placeholder) and a non-provisional application
A provisional application costs $320 for large entities and $160 for small entities (under 500 employees). It gives you 'patent pending' status and 12 months to file the full non-provisional. If you miss the 12-month deadline, the provisional expires permanently with no extension possible.
Draft the patent application — specification, claims, drawings, and abstract
The claims define the scope of protection — they are the most critical part. A patent attorney charges $5,000-$15,000 for a utility patent application. Design patents (appearance only) cost $1,500-$3,500. USPTO filing fees are $320-$1,600 depending on entity size and number of claims.
Write a detailed specification describing the invention
Draft patent claims defining the scope of protection
File the application through the USPTO's Patent Center electronic filing system
Electronic filing saves $80 compared to paper filing. After filing, you receive a filing receipt with your application number within 24-48 hours. The USPTO assigns an examiner within 2-4 months. First office action (examiner's response) typically arrives in 12-18 months.
Respond to office actions from the patent examiner within the deadline (typically 3 months)
About 90% of patent applications receive at least one rejection (office action). Responses require amending claims or arguing against the examiner's rejection. A patent attorney charges $2,000-$5,000 per office action response. Extension fees are $220-$1,480 per month beyond the deadline.
Pay the issue fee when the patent is allowed and maintain it with periodic maintenance fees
The issue fee is $1,200 for large entities ($600 for small). After issuance, maintenance fees are due at 3.5 years ($2,000), 7.5 years ($3,760), and 11.5 years ($7,700) — large entity rates. Missing a maintenance fee deadline forfeits the patent, though a 6-month grace period exists with a surcharge.
Register a Trademark
Conduct a full trademark search to ensure your mark is not already registered or in use
Search the USPTO TESS database, state trademark databases, and common law sources (business directories, domain registrations, social media). A professional trademark search costs $300-$800 and checks for similar (not just identical) marks. Filing without searching risks a $350 non-refundable fee if the mark is refused.
File a trademark application through the USPTO's TEAS system
TEAS Plus applications cost $250 per class of goods/services (cheapest option but requires selecting from pre-approved descriptions). TEAS Standard costs $350 per class and allows custom descriptions. Each class of goods or services is a separate fee — most businesses need 1-3 classes.
Respond to any office actions from the examining attorney within 3 months
About 40% of trademark applications receive an office action. Common issues: likelihood of confusion with an existing mark, descriptiveness of the mark, or improper classification. Responses that require only minor amendments can be self-filed. Substantive refusals benefit from an attorney ($500-$2,000).
Monitor the Official Gazette publication period (30 days for opposition)
After the examiner approves the mark, it's published in the Official Gazette for 30 days. Any party who believes they'd be damaged by the registration can file an opposition. About 3% of published marks are opposed. If no opposition is filed, registration proceeds automatically.
File maintenance documents to keep the registration active
Between years 5-6, file a Section 8 declaration of continued use ($225 per class). At year 10 and every 10 years after, file both Section 8 and Section 9 renewal ($525 per class total). Missing these deadlines cancels the registration. Set calendar reminders 6 months in advance.
Register a Copyright
Identify all copyrightable works — text, code, images, music, video, or architectural designs
Copyright protects original works of authorship fixed in a tangible medium. It does not protect ideas, facts, titles, or short phrases. Registration is not required for protection (copyright exists at creation) but is required to sue for infringement and to claim statutory damages of $750-$150,000 per work.
Register through the U.S. Copyright Office's electronic filing system (eCO)
Online filing costs $45 for a single work by a single author, $65 for other cases. Paper filing costs $125. Processing time is 1-6 months for electronic filings and 6-12 months for paper. Group registrations (multiple related works in one filing) cost $65-$85 and save significantly on fees.
Include the proper copyright notice on all published works
The notice format is: (c) [year of first publication] [owner name]. While not legally required since 1989, the notice prevents an infringer from claiming 'innocent infringement' — which can reduce damages from $750-$150,000 per work down to $200 per work.
Protect Trade Secrets
Identify information that qualifies as a trade secret — formulas, processes, customer lists, or business strategies
Under the Defend Trade Secrets Act (2016), a trade secret is any information that derives economic value from not being generally known and is subject to reasonable secrecy efforts. Unlike patents, trade secrets have no filing requirement or expiration — they last as long as they remain secret.
Courts require 'reasonable efforts' to maintain secrecy. At minimum: mark documents as confidential, require NDAs for all employees and contractors ($0-$500 to draft), limit access on a need-to-know basis, and use password protection. Without these measures, courts may rule the information was not a trade secret.
Have all employees and contractors sign non-disclosure agreements
Restrict access to trade secret materials to essential personnel only
Implement digital security measures — encryption, access logs, and exit protocols
Conduct exit interviews with departing employees reminding them of confidentiality obligations
Review the NDA during the exit interview and have the departing employee sign an acknowledgment. Require return of all company devices, documents, and access credentials. Former employees are the most common source of trade secret misappropriation — 85% of cases involve ex-employees.
Monitor for misappropriation and act quickly if a breach is discovered
The statute of limitations for trade secret claims is 3 years under the federal Defend Trade Secrets Act and 3-5 years under most state laws. Damages can include actual losses plus unjust enrichment, or a reasonable royalty. Courts can also award double damages and attorney fees for willful misappropriation.
Frequently Asked Questions
How much does it cost to file a patent with the USPTO?
Filing fees depend on entity size and patent type. A provisional patent application costs $320 for a large entity, $160 for a small entity, and $80 for a micro entity as of 2024. A non-provisional utility patent runs $1,820/$910/$455 respectively for just the filing fee, with additional search ($700/$350/$175) and examination ($800/$400/$200) fees. Total attorney costs for a full utility patent typically range from $8,000 to $15,000 depending on complexity. This is not legal advice — consult an attorney for your specific situation.
What is the difference between a trademark and a copyright?
A trademark protects brand identifiers — names, logos, slogans, and sounds that distinguish your goods or services in the marketplace. A copyright protects original creative works like books, music, software code, photographs, and films. Trademarks last indefinitely as long as you continue using them in commerce and file renewal documents every 10 years. Copyrights last for the life of the author plus 70 years. You can hold both simultaneously: for example, a company logo is copyrightable as artwork and trademarkable as a brand identifier. This is not legal advice — consult an attorney for your specific situation.
How long does it take to get a patent approved?
The average timeline from filing a non-provisional patent application to receiving a final decision from the USPTO is 23 to 26 months, though complex technology areas like biotechnology or semiconductors can take 3 to 4 years. A provisional patent gives you immediate "patent pending" status for 12 months while you prepare the full application. You can request prioritized examination through Track One for an additional $2,000 fee (large entity), which targets a final decision within 6 to 12 months.
Do I need to register a trademark to have legal protection?
You gain common law trademark rights automatically just by using a mark in commerce, but those rights are limited to your geographic area of actual use. Federal registration through the USPTO provides nationwide priority, the right to use the registered trademark symbol, a legal presumption of ownership and validity, and the ability to file infringement lawsuits in federal court. Registration typically takes 8 to 12 months and costs $250 to $350 per class of goods/services through the TEAS system. This is not legal advice — consult an attorney for your specific situation.
Can I patent a software application or business method?
Software and business methods can be patented in the United States, but eligibility has narrowed significantly since the 2014 Supreme Court ruling in Alice Corp v. CLS Bank. Your application must demonstrate that the software performs a specific, concrete technical function beyond an abstract idea — such as improving computer performance or solving a specific technical problem. Pure algorithms, mathematical formulas, and conventional business processes performed on a generic computer will likely be rejected under Section 101. Many software innovators pursue both patent and copyright protection simultaneously. This is not legal advice — consult an attorney for your specific situation.