Frequently Asked Questions

Understanding the difference between provisional and non-provisional patent applications is crucial for protecting your invention cost-effectively.

Provisional Patent Application:

• Establishes an early filing date and "patent pending" status
• Lower cost and less formal requirements
• Valid for 12 months—you must file a non-provisional to continue protection
• Not examined by the USPTO and cannot become a patent on its own
• Ideal for testing market viability before committing to full costs

Non-Provisional Patent Application:

• The formal application that undergoes USPTO examination
• Requires detailed claims, specification, and professional drawings
• If approved, results in an issued patent (typically 2-4 years)
• Can claim priority to an earlier provisional application

Patent timelines vary based on the type of patent and technology area:

• Utility Patent: 2–4 years from filing to issuance (average 24-36 months)
• Design Patent: 12–24 months
• Plant Patent: 18–30 months

Expedited Options:

• Track One Prioritized Examination: Can reduce timeline to 6–12 months ($1,000–$4,000 additional fee)
• Patent Prosecution Highway (PPH): Faster examination if you have an allowed claim in another country
• Petition to Make Special: Available for applicants over 65, health-related inventions, or environmental benefits

The trademark registration process involves several key steps:

1. Conduct a clearance search: Before filing, search existing trademarks to ensure availability and identify potential conflicts.
2. Prepare your application: Include your mark, description of goods/services, appropriate international class(es), and basis for filing.
3. File with the USPTO: Submit through TEAS (Trademark Electronic Application System). Filing fees range from $250–$350 per class.
4. Examination: A USPTO examining attorney reviews your application (typically 3–6 months after filing).
5. Publication: If approved, your mark is published in the Official Gazette for a 30-day opposition period.
6. Registration: If no opposition is filed, your trademark registers.

Total timeline is approximately 8–12 months if no issues arise. We strongly recommend working with an experienced trademark attorney.

™ (Trademark Symbol):

• Can be used by anyone claiming trademark rights—no registration required
• Indicates you consider the mark yours and claim common law rights
• Provides limited protection, typically only in geographic areas where you've used it

® (Registered Symbol):

• Can ONLY be used after official USPTO registration
• Using ® without registration is illegal and may result in penalties
• Provides nationwide priority and stronger legal protections
• Enables federal court jurisdiction and enhanced damages

℠ (Service Mark): Functions the same as ™ but is used specifically for services rather than products.

Copyright protects original works of authorship, including:

• Literary works (books, articles, software code)
• Musical works and sound recordings
• Dramatic works (plays, screenplays)
• Pictorial, graphic, and sculptural works
• Motion pictures and audiovisual works
• Architectural works

Copyright does NOT protect:

• Ideas, procedures, methods, or systems (only the expression)
• Facts and data
• Titles, names, short phrases, or slogans (these may be trademarks)
• Works not fixed in a tangible medium

Copyright arises automatically upon creation. Registration with the U.S. Copyright Office provides additional benefits, including the ability to sue and recover statutory damages.

Patent costs vary significantly based on complexity. Here are typical ranges:

• Provisional Patent Application: $2,000–$5,000 (attorney fees) + $320 USPTO filing fee
• Utility Patent Application: $8,000–$15,000+ (attorney fees) + $1,820–$4,000 USPTO fees
• Design Patent Application: $1,500–$3,500 (attorney fees) + $960–$2,560 USPTO fees

Note: Small entities and micro entities qualify for reduced USPTO fees. Total cost through issuance (including office action responses) typically ranges from $15,000–$30,000+ for utility patents.

We provide detailed cost estimates before beginning any work.

Under the Defend Trade Secrets Act (DTSA), information qualifies as a trade secret if it meets three criteria:

1. It is secret: Not generally known or readily ascertainable by others who could benefit from its use
2. It has economic value: The secrecy provides a competitive advantage
3. Reasonable efforts to maintain secrecy: The owner takes appropriate measures to protect it

Common examples include: Manufacturing formulas, customer lists, pricing information, software algorithms, business strategies, and R&D data.

Unlike patents, trade secrets can last indefinitely as long as they remain secret. However, protection is lost if the information is independently discovered or reverse-engineered.

IP litigation timelines vary based on case complexity and jurisdiction:

• Patent litigation: 2–4 years to trial (faster in "rocket docket" districts)
• Trademark litigation: 1–3 years to trial
• Copyright litigation: 1–2 years to trial
• Trade secret litigation: 1–3 years to trial

Key phases affecting timeline: Pleadings (2–4 months), Discovery (6–18 months), Claim construction (3–6 months for patents), Summary judgment (3–6 months), Trial preparation and trial (2–4 months).

Most IP cases settle before trial, often after initial discovery provides clarity on the merits.

Federal Court (exclusive jurisdiction):

• Patent infringement cases (must be filed in federal court)
• Copyright infringement (for registered works)
• Federal trademark claims (Lanham Act)

State Court (concurrent jurisdiction):

• Trade secret misappropriation (also federal under DTSA)
• Common law trademark claims
• Breach of contract (licensing disputes)

Federal courts typically have more IP expertise, and certain districts are known for faster case processing.

A comprehensive clearance search is essential before investing in a new brand:

Avoid costly conflicts: Identify existing registrations and common law users who may have prior rights. Prevent cease and desist letters or litigation after building brand equity.

Improve registration chances: Understand likelihood of refusal before paying filing fees. Modify your mark proactively to avoid conflicts.

A proper search includes: Federal and state trademark databases, common law sources (directories, domains, social media), and international registrations if applicable.

The cost of a search ($300–$1,500) is minimal compared to rebranding costs or defending infringement claims.

We accept multiple payment methods for your convenience:

• Credit Cards: Visa, MasterCard, American Express, Discover
• ACH Bank Transfer: Direct electronic transfer from your bank
• Wire Transfer: For larger payments or international clients
• Check: Made payable to "MC Law"

For ongoing matters, we can arrange automatic payment plans. Our Virtual Legal Services offer fixed-fee pricing with upfront payment for predictable costs.

Scheduling a consultation is simple:

• Online: Complete our contact form and we'll respond within 24 hours
• Phone: Call 1-800-555-1234 (Monday–Friday, 8 AM–6 PM EST)
• Email: Send your inquiry to info@mclaw.com

Initial consultations are complimentary for new clients and typically last 30 minutes. We'll discuss your IP needs, provide preliminary guidance, and explain how we can help protect your innovations.