USPTO Application: Filing, Types, Legal Help

What is a USPTO Application?

The USPTO is the United States Patent and Trademark Office. If you have a patent or trademark that you wish to register, you will file it with this authority. There are different requirements for both types of applications, depending on what you need.

Read the rest of this article to learn more about USPTO applications, how they work, and when to consult a lawyer for guidance.

When Do You Need to File a Patent Application?

Getting a U.S. patent ensures you have the right to prevent other people from copying or using your patent without your permission. You might need a patent if you’ve invented something, such as a process or machine, or you have an original design for a manufactured item.

How Do You File a Patent Application?

To start your patent application, on the USPTO website you’ll set up an account and verify your identity.

You’ll then need to know what kind of patent you want to apply for. This could be a:

• Provisional application. This type of patent gives you 12 months of patent pending status so that you can continue developing your patent.
• Non-provisional utility application. This is a more formal, complete, application for a patent.

Supporting documents you’ll require during the application process include:

• A detailed description of your invention.
• Drawings of the invention should these be required.
• A claim. This is a statement that explains the invention scope and what the patent covers.
• Declaration. This could be required, such as for plant patents. You’ll have to state that you have reproduced or found the plant in question.

Once you’re ready to file your application, visit the USPTO’s Patent Center. When completing your application, you’ll have to pay fees for filing, examination of the application, and patent searches. The cost varies depending on the type of patent.

When Do You Need to File a Trademark Application?

A trademark application is advantageous when you want to secure brand protection for names and logos appearing on goods/services you’re selling. A trademark prevents other companies from being able to use your mark, while helping you have a strong presence in the market.

How Do You File a Trademark Application?

These are the steps to follow when you want to apply to register your trademark.

1. Set up an account on the USPTO website and access the Trademark Center.

2. Conduct a trademark search. This is a valuable step you shouldn’t skip. You can conduct a search directly on the USPTO website to see if there are any conflicting trademarks that have already been registered.

3. Correctly identify your goods or services. You will have to choose the class for your goods.

4. Identify your trademark format. You should specify if your trademark is a standard character mark, a sound mark, or a design mark.

5. Provide a drawing of the trademark.

6. Choose the application filing basis.

For your filing basis, there are four possible options from which to choose:

a) Use in commerce basis. Choosing this means that you are already using your trademark in commerce with your goods or services.

b) Intent-to-use basis. This means you have the good intention to use your trademark in commerce for your specific goods or services.

c) Foreign registration basis. If you own a foreign registration of the same mark from your country of origin, you’ll file this basis.

d) Foreign application basis. This applies to you if you own a previously filed foreign application which you filed within six months of your U.S. application for the same trademark and the same goods/services.

Besides the above, you might also need a verified statement. It applies if you want to file an intent-to-use application, for example. The statement must explain that you have a bona fida intention to use the trademark in commerce.

After filing your trademark application, you will also have to pay a fee. This is usually $350 per class.

Do You Need a Lawyer for a USPTO Application?

If you’re applying for a patent or trademark, it’s advisable that you hire a lawyer to help you with the process.

• For patent applications: you’ll need to have in-depth knowledge of patent laws as well as the USPTO’s rules. A lawyer can help you with this so that you get the protection you need.
• For trademark applications: although it’s not required to have a lawyer, it’s advisable. They will be able to guide you through the application process. They know all the trademark rules and what the USPTO requires, saving you time and preventing mistakes.

Here are some ways in which a lawyer can help you with patent and trademark applications:

• A lawyer will assess if your patent or trademark is valid.
• They’ll conduct clearance searches or patent searches to ensure that there are no similar inventions or marks that already exist. This will help you reduce your infringement risk.
• They’ll advise you on the right type of protection you need. For example, for patents, they’ll help you decide if you should opt for a utility or design patent.
• They’ll draft a strong application to reduce the risk of it not being accepted. This includes writing declarations or statements so that they’re professional and legal.
• They’ll handle any official rejections or queries for your application.

Where to Find a Lawyer for a USPTO Application

If you need to hire a lawyer for help with a patent or trademark application, you should consult a lawyer on an online legal platform like ContractsCounsel.

As one of the largest online legal marketplaces connecting clients with experienced, vetted lawyers, the platform provides you with a range of lawyer information 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.