Frequently Asked Questions
Protecting your ideas, inventions, and brand can raise many questions. Below are answers to common questions about patents, trademarks, and IP strategy.
If you need guidance specific to your business, you can schedule a consultation with Lockhart IP.
Working with Lockhart IP
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Who does Lockhart IP work with?
- Entrepreneurs
- Startup founders
- Creators
- Technology companies
- Product developers
Do I need to live near the firm to work with you?
No. Lockhart IP provides remote consulting and legal services for clients nationwide.
How do I get started?
You can start by scheduling a consultation and discussing your invention, brand, or intellectual property strategy.
What does a free consultation cover?
We talk about your invention, brand, or business and figure out what kind of IP protection makes sense. You leave with a clear idea of the next step, whether or not you hire us.
How do you charge for your services?
Most of our work is flat fee so you know the cost upfront. For ongoing work like IP strategy, we use a monthly retainer. We walk through pricing during your free consultation.
Patents
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What is a patent?
A patent gives an inventor the exclusive right to prevent others from making, using, or selling their invention without permission.
What is a provisional patent application?
A provisional patent application allows inventors to secure an early filing date and use the term “patent pending” while they develop their invention further.
What is the difference between a provisional and non-provisional patent?
A provisional application is temporary and lasts 12 months, while a non-provisional application is examined by the patent office and can lead to an issued patent.
How long does a patent last?
Utility patents typically last 20 years from the filing date, while design patents generally last 15 years from the date of grant.
Do I need a patent search before filing?
A patent search helps determine whether similar inventions already exist and can reduce the risk of filing an application that may be rejected.
Can I patent software or an algorithm?
Sometimes. Software that solves a technical problem in a specific way can be patented, but an algorithm by itself usually cannot. The invention has to do more than just automate a known process.
What happens if my patent application is rejected?
Most patent applications get rejected at least once. The patent examiner sends a written explanation, and we respond by arguing why the invention is patentable or by narrowing what we claim. Rejection is part of the normal process.
How long does it take to get a patent?
The patent process can take several years depending on complexity and examination timelines.
Trademarks
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What is a trademark?
A trademark protects the names, logos, slogans, and symbols that identify your products or services. It stops other businesses from using marks that could confuse your customers.
Do I have to register my trademark?
No. You get some rights just by using a mark in business. But registering with the USPTO gives you stronger rights nationwide, the right to use the ® symbol, and an easier time stopping copycats.
How long does a trademark last?
A federal trademark can last as long as you keep using it in business. You file maintenance paperwork at year 6, year 10, and every 10 years after that.
What is a trademark search?
A trademark search checks if someone else is already using a similar mark for related goods or services. It helps you avoid filing a trademark that will get refused or sued over.
Can I trademark a name that's already used in a different industry?
Sometimes. Two businesses can share a trademark if they sell completely different goods or services and are unlikely to confuse customers. For example, Delta Airlines and Delta Faucets both exist. But the USPTO looks closely at this, and the answer depends on your industry.
How much does trademark registration cost?
The USPTO filing fee starts at $350 per class of goods or services. Most small businesses file in one or two classes. Our flat fee on top of the government fee covers the full application process.
Copyrights
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What is a copyright?
Copyright protects original creative work like writing, code, photos, music, and videos. It gives you the right to control how others copy, share, or make new versions of your work.
Do I need to register my copyright?
You own the copyright the moment you create the work. But registering with the US Copyright Office lets you sue for infringement and collect statutory damages if someone copies your work.
Can I copyright my business name or logo?
No. Business names and logos are protected by trademark law, not copyright. Copyright only covers creative expression like writing, design, and software code.
How long does copyright protection last?
For work created today, copyright lasts the life of the author plus 70 years. Work made for hire by a company lasts 95 years from publication or 120 years from creation, whichever comes first.
What is fair use?
Fair use is a narrow exception that lets people use small amounts of copyrighted work without permission for things like commentary, criticism, teaching, or news reporting. Courts look at how much you used, how you used it, and whether it hurts the market for the original work. Fair use is never a guarantee.
Business & Startup
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Do startups need intellectual property protection early?
Yes. Early protection can prevent competitors from copying your ideas and helps attract investors.
What IP should a startup protect first?
Start with your brand and your core invention. File a trademark on your business name or product name so competitors can’t use it. File a provisional patent application on the key technology so you lock in an early filing date while you build the business.
When should a startup file a provisional patent application?
Before you pitch to investors, publish marketing materials, or sell the product. Once your invention is public, you have 12 months to file in the US and you lose most international rights right away. Filing a PPA first gives you “patent pending” status and a priority date.
Do I need NDAs with employees and contractors?
Yes. An NDA protects confidential business information, and a separate IP assignment agreement makes sure anything they create for you actually belongs to the company. Without these in writing, you may not own the code, designs, or content your team produces.
Who owns IP created by employees versus contractors?
Employees usually assign work they create on the job to the company automatically. Contractors usually own what they create unless the contract says otherwise. That’s why contractor agreements need a clear IP assignment clause in writing.
Can I raise venture capital without patents?
Yes, many startups raise early rounds without patents. But investors will ask about your IP strategy during due diligence. Having a provisional patent application or a clear plan to file one shows you are thinking about defensibility and valuation.