A patent may protect a qualifying technical invention, while a trademark may protect a sign that distinguishes the source of goods or services. They protect different assets and follow different filing tests.
Understand the filing question before making the filing decision.
These resources provide general orientation for founders, inventors and growing businesses. They do not replace advice on the facts of a specific matter.
Eight questions worth asking early.
The answer often changes with ownership, disclosure, jurisdiction, deadlines and the exact asset.
Public disclosure can affect patent rights. The safest course is to review the disclosure and filing strategy before publication, sale, presentation, crowdfunding or unrestricted sharing.
No. A search is limited by databases, terminology, publication timing and search scope. It helps assess risk and improve decisions, but the Patent Office makes its own examination.
A filing may be possible before use, depending on the facts and selected basis. The owner, intended goods or services and use position should be stated accurately.
Timing varies by right, filing quality, official workload, objections, oppositions, hearings and applicant response time. A reliable scope should distinguish preparation time from registry processing time.
They should be shown separately unless a written quote expressly states otherwise. Government fees can depend on applicant category, number of classes or rights, and procedural events.
Software may involve copyright, contracts, trade secrets, trademarks and, in some circumstances, patent questions. The correct approach depends on the technical contribution and jurisdiction-specific law.
Send a concise asset summary, relevant names and ownership details, drawings or files, disclosure dates, existing applications and any official notice with its deadline.
Four short filing guides.
Use these to organise a better first conversation and identify missing information before a deadline becomes urgent.
Before disclosing an invention
A checklist for novelty, confidentiality, contributors, test evidence and filing readiness.
Read guide Guide 02 / TrademarksChoosing a stronger mark
How distinctiveness, classes, similarity and actual business use shape clearance risk.
Read guide Guide 03 / OwnershipWho owns the IP?
Questions to ask about founders, employees, contractors, institutions and assignments.
Read guide Guide 04 / DeadlinesResponding to an official notice
What to collect before assessing an objection, examination report or opposition.
Read guideBefore disclosing an invention
Write down the technical problem, the solution, the minimum required features and meaningful alternatives. Identify every contributor and owner. Record presentations, publications, demonstrations, sales, online posts and unrestricted sharing. Preserve drawings, versions, prototypes and test results. Review confidentiality and filing timing before a public launch.
Choosing a stronger mark
A mark that directly describes the product may be harder to protect than a distinctive one. Search beyond exact matches: consider pronunciation, appearance, meaning, related goods or services and earlier marketplace use. Confirm the owner and intended classes before investing in packaging, domains and campaigns.
Who owns the IP?
Creation and ownership are not always the same. Review employment terms, contractor agreements, founder arrangements, university or funder policies, assignments and joint-development documents. Resolve chain-of-title questions before filing or licensing whenever possible.
Responding to an official notice
Collect the complete notice, application as filed, amendments, cited references, registry correspondence and exact response deadline. Do not rely on an excerpt. The response strategy depends on the full record, available evidence and whether amendment, argument, hearing or settlement steps are appropriate.