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IP guide
Patent Registration · File.Business

Patent registration. Through our attorney network.

File.Business connects you to specialty patent attorneys for utility, design, and provisional patent applications. We handle the connection; the patent attorney handles strategy, filing, and prosecution with the USPTO.

Key facts

Start here.

Key fact
Provisional patent

$1,500-$4,000 + USPTO filing fees. Buys priority date and 12 months to file non-provisional.

Key fact
Utility patent

$10,000-$30,000+ over the prosecution period. Full functional patent.

Key fact
Design patent

$3,000-$8,000. Faster (12-18 months). Ornamental design protection.

Key fact
Patent search

$500-$2,000 before filing. Reduces risk of rejection.

Key fact
Plant patent

Specialty for asexually reproduced plants.

In depth

The full picture.

01

Provisional patent applications

Filed quickly and cheaply ($1,500-$4,000 typical attorney fees + small USPTO fee). Establishes priority date. Does NOT get examined. Must be followed by non-provisional within 12 months or priority is lost. Useful for establishing "Patent Pending" status during product development.

02

Utility patent (non-provisional)

Full functional patent. Covers new and useful processes, machines, manufactures, or compositions of matter. 20-year term from filing date. Examination process takes 18-30 months. Total cost: $10k-$30k+ over the period.

03

Design patent

Covers ornamental design. 15-year term. Faster and cheaper than utility patents ($3-8k typical). Used for product appearance, packaging, GUI elements.

04

Patent search and analysis

Recommended before filing. Identifies prior art, assesses patentability, and helps refine claims. $500-$2,000 typical attorney cost. Can save significant money by avoiding doomed filings.

05

Patentability requirements

Novelty: not previously disclosed anywhere in the world. Non-obviousness: not an obvious variation of existing technology. Utility: must have practical application. Patentable subject matter: no abstract ideas, natural phenomena, laws of nature.

06

Software patentability

Post-Alice (2014), software claims face heightened scrutiny. Successful software patents tie inventions to specific technical improvements, hardware, or unconventional combinations. Generic "do X with a computer" claims typically rejected.

07

USPTO process

Application → assigned to examiner → first office action (often rejection citing prior art) → respond with amendments → continued examination → eventual grant or final rejection. Appeals possible.

08

International protection

US patents are US-only. Foreign protection requires Patent Cooperation Treaty (PCT) filing or country-by-country direct filing. Costly. Strategy decision: which countries actually need protection?

09

Maintenance fees

Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years. Without payment, patent expires. Total maintenance fees over 20-year life: ~$12,500 for small entity.

FAQ

Common questions.

What is a patent?
A patent is a government-granted right that lets an inventor exclude others from making, using, or selling an invention for a limited time, in exchange for publicly disclosing it. It protects functional inventions, unlike trademarks or copyrights. We flag whether your invention may be patentable and coordinate the process with a patent professional. See patent basics.
What can be patented?
Generally new, useful, and non-obvious inventions, processes, machines, articles of manufacture, and compositions of matter, can be patented, while abstract ideas, laws of nature, and mere discoveries cannot. We flag whether your invention likely fits the categories so you pursue a patent where protection is actually available.
What is the difference between a provisional and a utility patent?
A provisional application establishes an early filing date and gives you a year to file a full utility application, while the utility patent is the examined application that can mature into an enforceable patent. We flag how they fit together so you use the provisional to preserve priority correctly.
Do I need a patent attorney?
For most inventions, yes: patent drafting and prosecution are technical and specialized, and a poorly drafted patent may be narrow or unenforceable, so a registered patent attorney or agent is usually essential. We flag where professional help is needed and coordinate so your filing is done properly.
How long does a patent last?
A utility patent generally lasts twenty years from the filing date if maintenance fees are paid, after which the invention enters the public domain, so protection is long but finite. We flag the term and maintenance so you understand how long your protection runs and what keeps it in force.
Should I keep my invention confidential before filing?
Yes: public disclosure before filing can jeopardize your ability to patent, so keeping the invention confidential, or using a provisional to establish priority, matters. We flag the disclosure risks so you do not inadvertently forfeit your rights before you file.
Is a patent search worthwhile?
Often yes: a search for prior art before investing in a full application can reveal whether your invention is likely novel, saving cost on an application that would fail. We flag when a search is worthwhile so you assess patentability before committing to the full process.
How does a patent differ from a trademark or copyright?
A patent protects functional inventions, a trademark protects brand identifiers, and a copyright protects creative works, so they cover different things and a business may need more than one. We flag which protection fits what you are trying to protect.
Can File.Business help with patents?
We flag whether your invention may be patentable, help you understand provisional versus utility filings, and coordinate with the qualified patent attorneys who draft and prosecute the application, so your invention is protected through the right professionals. See patent basics.

Need IP protection?

Patents (through our attorney network). Trademarks (we file). Copyright registration (we file). IP assignment templates (free).

Patent law is highly specialized. Professional patent attorney advice is essential for filing.

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How it works

How we deliver, end-to-end.

Four-step path from request to confirmation. State and IRS turnaround varies; our steps run in parallel where possible to compress the timeline.

1

Intake + scope

You tell us what you need through a short intake form (or a call for complex matters). We confirm scope, surface any gating issues (deadlines, missing documents, entity status), and quote any state fees that pass through at cost.

2

Prepare + verify

Our specialists draft the filing, verify entity details against state databases, run internal QA, and route any items needing your sign-off. You see drafts before anything gets submitted.

3

File with the authority

We submit directly to the state Secretary of State, FinCEN, IRS, USPTO, or whichever authority your filing requires. We pay state fees at cost and track the submission identifier in your account.

4

Confirmation + vault

Stamped certificate, IRS notice, or filing receipt arrives in your SOC 2 encrypted document vault the moment we receive it. Next filing deadline auto-added to your compliance calendar where applicable.

Why File.Business

Built on the same infrastructure used by 220,000+ businesses.

SOC 2 Type II audited

Independent annual security audit covering access control, change management, incident response, and data handling. Current report on request.

All 51 US jurisdictions

Every state plus DC plus Puerto Rico - direct filings, not third-party reseller. We hold registered-agent qualifications in every state we operate.

Deadline guarantee

If we miss a filing deadline on a service you pay us to manage, we pay the state penalty. Specific to each plan and the filings it includes.

4.9 from 8,200+ verified reviews

Independently verified by Trustpilot + Google + our own NPS infrastructure. Customer success team within reach by email, chat, or phone.

60-day money-back promise

Change your mind in the first 60 days and we refund our service fee in full. State filing fees pass through at cost and are non-refundable once paid to the state.

E&O insured

Errors and omissions coverage protects you from service errors. Carrier and certificate available on request for enterprise clients.

SOC 2 Type II audited
220,000+ businesses. 60-day money-back. State fees passed through at cost.
Your operating system, not a transaction
Every deadline auto-tracked across your entities. Compliance Score visible year-round.
Transparent pricing
No hidden fees. No upsells at checkout. State fees disclosed upfront.

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