Home Blog USPTO Filing: Patent Process, Trademark Steps, Lawyer Help

USPTO Filing: Patent Process, Trademark Steps, Lawyer Help

Jump to Section

USPTO Filing: When it’s Required and How it Works

USPTO (United States Patent and Trademark Office) filing refers to the process of filing to register a patent or trademark. This process involves submitting important documents.

Read the rest of this article to learn more about how USPTO filing works, and when to consult a lawyer for assistance with the process.

How Do You Complete a Patent USPTO Filing?

If you want to file a patent application, you’ll have to follow these steps:

Search for Similar Patents

Before you submit your application to the USPTO, you need to check that there aren’t similar patents. This will prevent you from being allowed to patent your invention. Search public records for similar inventions.

Check Eligibility

Know that you can’t get a patent for an invention that’s publicly available, such as if it’s been patented or is used publicly. If the patent has appeared in a patent publication, this also prevents it from being patented.

Prepare the Application

It’s important to have a detailed application that contains a clear description of the invention you want to patent. Some information you’ll be required to submit include:

  • Specifications of the invention.
  • Drawings of the invention.
  • Oath or declaration. This is a signed statement that you’re the original inventor.

File it Electronically

Before you file your application, check the guidelines so that you don’t miss anything. You’ll need to register as an eFiler by creating an account on the USPTO site and verifying your identity. This is done to prevent unauthorized users.

Pay the Fees

You’ll have to pay the required fees, ensuring that you’re paying the correct amount for the type of patent you’re submitting for consideration. For example, as of this writing, fees for utility patents are approximately $455 for micro entities and $910 for small entities. The fees assist the USPTO in examining your application.

Work with a Patent Examiner

Once you submit your application, it will be reviewed by an USPTO examiner, who will check that it meets all legal requirements to qualify for a patent grant. If there are any queries about your application, they will send you an office action or other notice. Respond in a timely fashion to deal with potential issues and prevent any delays.

How Do You Submit a Trademark USPTO Filing?

If you want to apply to register a trademark, it will protect your logo or brand name on your goods or services. Here are the steps to follow:

Check Eligibility

As with patents, before you register a trademark you should check that you’re allowed to. If it’s too generic or someone else is already claiming trademark rights for a design that's similar to yours, your application won’t be accepted. Search the USPTO database for any similar trademarks.

Create an Account

You’ll have to open an account on the USPTO website and access the Trademark Center.

Identify Your Goods or Services

You must identify your goods or services. There are two filing basis options:

  • Use in commerce. This is when all goods and services will use the trademark in commerce.
  • Bona fide intent to use the trademark. This option means you have good faith to use the trademark on your goods and services.

You’ll also have to include clear terms to describe the goods or services. Anything vague could result in an application refusal.

Choose the Class for Your Goods or Services

Goods and services are classified in numbers from 1 to 45. For example, Class 19 is for non-metallic building materials, while Class 33 is for wines and spirits. The base fee for each class is $350.

Identify the Trademark Format

You should specify if your trademark is a standard character mark (a word), a sound mark (such as a jingle), or a design mark (logo).

After the Application

Once you’ve submitted your application, an examining attorney will review it to ensure it’s aligned with all rules. If there are reasons for why your trademark can’t be registered, you’ll receive a letter or office action, with an explanation for why it’s being refused.

You should respond to the letter within three months, or it will lapse.

Do You Need a Lawyer for a USPTO Filing?

It’s recommended to work with a lawyer if you need to complete a USPTO filing. This is because qualified lawyers have in-depth knowledge of all the legal and other requirements for filing a patent or trademark successfully.

A lawyer can help you throughout the process, such as by:

  • Checking that your trademark or patent is valid and eligible. This will prevent you from spending money on filing fees.
  • Conducting clearance searches or patent searches. These are comprehensive searches to ensure that you’re not trying to register a patent or trademark that’s already in use.
  • Drafting your application. This includes writing legally-sound and professional declarations or oaths to support your application.
  • Gathering all the important documents you need to include in your application.
  • Communicating directly with examiners on your behalf, such as by handling rejections.
  • Helping you to formulate professional and legally valid responses to office actions, so that you don’t encounter other problems.

Where Can You Hire a Lawyer for a USPTO Filing?

If you need a lawyer for help with a patent or trademark application, you might struggle to find one. Online legal platforms make the process much easier.

On ContractsCounsel, one of the largest online legal marketplaces connecting clients with experienced, vetted lawyers, the platform provides you with updated data to help you select the best professional for your requirements.

You can review the lawyers’ profiles according to their expertise, credentials, years of experience, previous projects they’ve completed, and client ratings, giving you peace of mind that you’re hiring a reputable and experienced lawyer.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

John M. on ContractsCounsel
View John
5.0 (1)
Member Since:
June 4, 2024

John M.

Senior Corporate Counsel
Free Consultation
Foxboro, MA
26 Yrs Experience
Licensed in MA, NY
Boston University School of Law (J.D.)

John Mercer is a distinguished corporate counsel who is well-known for turning legal challenges into strategic assets. He possesses a deep understanding and expertise in intellectual property (IP), compliance, and corporate law, particularly in the pharmaceutical and biotechnology sectors. His proficiency lies in transforming legal complexities into strategic advantages, ensuring operational excellence, and driving innovation forward. John excels at safeguarding an organization's legal interests and integrity, ensuring operations adhere to the law. As a strategic leader, John excels at safeguarding an organization’s legal interests and integrity, ensuring operations adhere to the law. He also brings immense value to his profession through his skills in drafting, negotiating, and managing significant agreements that secure organizational interests with widespread industry impact. His unparalleled expertise in legal advisories significantly enhances compliance and develops risk management frameworks that protect and advance company ambitions. Moreover, John's command over patent and trademark portfolios, alongside his ability to drive innovation initiatives and design incentive schemes, substantially bolsters intellectual property prowess. John's areas of expertise are extensive, covering skills vital to corporate law, legal contract negotiations, material transfer agreements, and more. He is particularly adept in regulatory compliance, legal consulting, clinical trials, biotechnology, patents, and patent portfolio analysis, to name a few. His leadership is complemented by active listening, analytical thinking, problem-solving abilities, and other soft skills that make him a leader and visionary.

Recent  ContractsCounsel Client  Review:
5.0

"Thank you John, I appreciate your very personal effort with quality and practicality in mind."

Jorge R. on ContractsCounsel
View Jorge
5.0 (18)
Member Since:
June 3, 2024

Jorge R.

Managing Attorney
Free Consultation
Burien, Washington
15 Yrs Experience
Licensed in WA
Seattle University

**Bio:** My name is Jorge Ramos, and I am an experienced family law attorney practicing since 2011. Over the years, I have honed my skills and knowledge in family law, having worked with prestigious law firms before establishing my own solo practice. My expertise spans a wide range of family law matters, including divorce, child custody, spousal support, and property division. I am dedicated to providing personalized and compassionate legal representation, ensuring that my clients receive the support and guidance they need during challenging times. My commitment to excellence and client-focused approach have earned me a reputation as a trusted advocate in the field of family law.

Recent  ContractsCounsel Client  Review:
5.0

"Jorge's gave a thorough and complete analysis of my document. Turn around time was superb. Highly recommend."

Emmanuel A. on ContractsCounsel
View Emmanuel
5.0 (1)
Member Since:
June 7, 2024

Emmanuel A.

Law Clerk
Free Consultation
Raleigh, North Carolina
3 Yrs Experience
Licensed in MN
Elon University School of Law

Results-driven young lawyer with over 2 years of combined legal experience. Adept at legal research, contract drafting, reviewing policies, client relations, and case management. Possess a J.D. from Elon Law School and am a member of the Minnesota State Bar in good standing.

Recent  ContractsCounsel Client  Review:
5.0

"Emmanuel is fantastic and very easy to work with! We are so pleased with his quality of work, responsiveness, and attention to detail, and look forward to working with him again on future projects."

Colin M. on ContractsCounsel
View Colin
Member Since:
June 3, 2024

Colin M.

Attorney
Free Consultation
NEWTON, MA
9 Yrs Experience
Licensed in MA
Suffolk University Law School

Experienced attorney with a substantial history of crafting, evaluating, and bargaining multimillion-dollar commercial and government contracts across diverse sectors, encompassing the US Army, DoD contractors, employee benefits, NASDAQ, Pharmaceuticals, and Finance.

Angela B. on ContractsCounsel
View Angela
Member Since:
June 1, 2024

Angela B.

Corporate Counsel
Free Consultation
St. Paul, Minnesota
4 Yrs Experience
Licensed in MN, TX
Mitchell Hamline School of Law

Angela is a business and transactional lawyer counseling clients in multiple facets of their business. Her practice includes commercial contracts, SaaS and technology licensing, intellectual property licensing, real estate contracts, and general business counseling.

Mark L. on ContractsCounsel
View Mark
Member Since:
June 7, 2024

Mark L.

Transactional & IP Attorney
Free Consultation
Boston, MA
19 Yrs Experience
Licensed in MA
Suffolk University Law School

I worked in the Intellectual Property Group at Fidelity Investments for almost 25 years, including managing the group from 2017-2021. I managed and developed the same high-performing group of three legal professionals from 2007-2021. Early in my career at Fidelity, I focused primarily on trademark matters, including trademark searching and clearance, as well as enforcement of trademark rights. In fact, I created Fidelity's trademark and brand protection programs and advanced them over more than two decades, eventually bringing the domestic trademark portfolio in-house and realizing savings of well over $2 million in outside counsel expenses for searching, prosecution and maintenance of US registrations from 2008-2021. Fidelity put me through law school, and I continued working full time while attending law school at night over four years. Upon graduation and passing the bar in 2006, I was promoted to an attorney position effective 1/1/2007. My practice broadened, and I began working on more transactional matters. I became a key transactional attorney for major technology groups and businesses within Fidelity, and negotiated numerous mission critical tech deals, transforming Fidelity's business. I provided transactional and IP support for Fidelity's software development and services affiliate in Ireland, and worked extensively with many of Fidelity's other foreign affiliates. Fidelity's General Counsel handpicked me to provide transactional and IP support to a new business initiative in 2017. That initiative became fintech startup Akoya, LLC, a paradigm-shifting business that enables secure, customer-controlled sharing of personal financial information between financial institutions and service providers. I developed template agreements between Akoya and data providers (financial institutions) and also between Akoya and data recipients (e.g. tax preparation services and financial advisors). Akoya had matured enough to be spun out by Fidelity in early 2020 to a consortium of financial services companies. In 2021, Fidelity offered a voluntary buyout to long-tenured associates, and following the pandemic, coupled with the financial and health benefits included in the package, it was an offer I could not refuse. Days later, my elderly father-in-law broke his hip, and my wife and I became his primary caregivers. It's been a blessing that I was able to contribute to his care and alleviate some of the burden on my wife. He is now in a long-term care facility, and I am eager to return to work as in-house counsel, whether on a contract basis, part time or full time. I did work briefly as a sole practitioner in 2021 and 2022, primarily helping friends, family and pro bono clients with NDAs, business formation issues, consulting agreements and license agreements. From August 2022 - July 2023, I was on the staff of Flex by Fenwick, an in-house counsel on demand business that is a subsidiary of the IP firm Fenwick & West, but did not get any engagements. My wife and I have volunteered for over a year with a dog rescue, Last Hope K9 Rescue, and have fostered several dogs, and adopted two of them!

Robert C. on ContractsCounsel
View Robert
Member Since:
June 5, 2024

Robert C.

Attorney
Free Consultation
Elkhart, Indiana
39 Yrs Experience
Licensed in NY, VA
University of Buffalo Law School

A highly motivated, dedicated attorney (and military veteran) with proven experience in executive corporate leadership, legal risk mitigation, litigation, and legal department management. Skilled in collaborating with all members of the organization to achieve business and financial objectives with high-profile corporations. Instrumental in streamlining and improving processes, enhancing productivity, and implementing sound legal and business solutions.

Robert C. on ContractsCounsel
View Robert
Member Since:
June 5, 2024

Robert C.

Lawyer
Free Consultation
Fort Lauderdale, FL
36 Yrs Experience
Licensed in FL
University of Miami

I have been a lawyer for over 30 years practicing insurance defense, personal injury, commercial litigation and commercial transactions

Liliette A. on ContractsCounsel
View Liliette
Member Since:
June 6, 2024

Liliette A.

Attorney
Free Consultation
Miami, Florida
3 Yrs Experience
Licensed in FL
St. Thomas University, School of Law

I have been in the legal field since 2015 starting as an intern, moving my way up to paralegal to making my final way to Attorney. As an attorney I worked in civil litigation for a brief period of time and then I got into the the immigration field.

Michael P. on ContractsCounsel
View Michael
Member Since:
June 6, 2024

Michael P.

Lawyer
Free Consultation
Walpole, MA
21 Yrs Experience
Licensed in MA, NH
New England School of Law

I have been licensed since 2006 and have extensive experience in family law, personal injury, criminal law, and general litigation. I have a solo practice and I am seeking new opportunities.

kumar p. on ContractsCounsel
View kumar
Member Since:
June 23, 2024

kumar p.

Attorney
Free Consultation
Ny
27 Yrs Experience
Licensed in NY
University of connecticut

24 years experience handling Estate planning, corporate transactions, real estate and drafting of contracts, have represented numerous start ups in New York City and have drafted all types of commercial and investment documents for clients.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a legal contract?

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

CONTRACT LAWYERS BY TOP CITIES
See All Intellectual Property Lawyers
USPTO FILING LAWYERS BY CITY
See All USPTO Filing Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city