Protecting Intellectual Property in the United States:
A Guide for Small and Medium-Sized Enterprises in the United Kingdom
This toolkit was developed to inform U.K. small and medium-sized enterprises (SMEs) about protecting their
intellectual property (IP) within the United States (U.S.) and the tools available to help them. As IP rights are
territorial, there may be differences in how your IP rights are protected in the U.S. as compared to the U.K.
According to the World Intellectual Property Organization (WIPO), the term "intellectual property" “refers to
creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used
in commerce.” In the U.S., there are several types of intellectual property, which include
patents, trade marks,
copyrights,
and trade secrets. Patents allow their owner to determine who can make, use, or sell an invention.
Trade marks allow their owner to communicate the source or origin of a product or service to consumers.
Copyrights provide their owner with the ability to determine who can reproduce or distribute a work, publicly
perform and display a work, or prepare derivative works. Trade secrets protect confidential business information.
Certain plants, industrial designs, and regulatory data may also be protectable in the U.S. Each type has different
attributes and criteria for protection, so it is important to seek legal counsel. An intellectual property attorney can
help you identify, protect, and enforce your IP rights in the U.S.
PATENTS
A utility patent protects a new and useful process, machine, article of manufacture, or composition of matter, or any
new and useful improvement thereof. To obtain a patent in the U.S., the inventor must file a patent application with
the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a
description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and
examination fees.
Patent protection lasts 20 years from the date of filing, and maintenance fees are required at 3.5, 7.5, and 11.5
years from the date of the patent grant.
All USPTO fee schedules may be found here.
In the U.S., protection for industrial designs is also provided under the patent system. Find more information on
types of patent protection in the U.S. and on international filings under the
Patent Cooperation Treaty (PCT)
(covering patents), and Hague Agreement (covering designs).
TRADE MARKS
A trade mark or service mark is a word, phrase, symbol, or design, or a combination thereof, that identifies and
distinguishes the source of the goods or services of one party from those of others. You can establish common
law rights in a mark based solely on use of the mark in U.S. commerce; however, obtaining a federal trade mark
registration for a mark used in commerce provides significant advantages. You can file a trade mark application
online with the USPTO.