IP Protection for Physical Products: What to File First
Patents, trademarks, trade secrets, copyright, trade dress—physical products can need all of them. Here’s what each covers and the order that actually makes sense.
September 1, 2026
Properly protecting your inventions of products, processes, designs, etc. is essential for:
- protecting your ownership of them and
- maximizing their profitability.
We can help you with:
- knowing if your invention is patentable,
- knowing whether you are likely to be granted a patent,
- deciding which type of patent application is appropriate,
- filing the application,
- working to get the application approved,
- renewal and enforcement of patent rights, and
- licensing.
We will work with you throughout the application process to ensure your application meets stringent requirements and that your rights receive maximum protection.
Once your patent is granted, or if you already have a patent, we will work with you to ensure your rights are properly maintained and develop licensing agreements that protect your rights and help you make money from your patented invention.
Learn more about applying for a patent through our free quick sheets and booklets:
Patent Application Services
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Clearance / Novelty search, analysis, and opinion
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Provisional utility application
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Nonprovisional utility application
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Design applications
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Other application-related services, including responses to Office Actions
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International applications (international local counsel may also be needed)
Other Patent Services
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General advice
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Validity / Invalidity opinion
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Infringement / Noninfringement opinion
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Licensing
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Assignments
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Cease-and-desist letters
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Patent Trial and Appeal Board (PTAB) proceedings
Fees
Ms. King works using flat rates. You will know up front what the total cost will be for the services most appropriate for you, barring unforeseen circumstances.
Common fees are listed below in our fee sheets. Additional attorney fees, USPTO filing fees, and international filing fees may apply to these listed fees. The fees listed here are starting points. Fees ultimately depend on the complexity of the work required.
Downloadable fee sheets:
Patent FAQs
Can you get a patent for your idea?
Does it matter WHEN you submit a patent application?
How long do patent rights last?
What are important patent dates to remember?
How can you protect your business idea?
What if you CAN'T get a patent for your business idea?
What is the difference between being an inventor and owning patent or invention rights?
Should you own the patent rights or should your business own them?
Why are non-disclosure agreements (NDAs) important for patents?
5 common myths about provisional patent applications
Myth 1 - A provisional patent application gives me a patent
Myth 2 - As long as I file something I'm covered
Myth 3 - I can safely go public with my invention after filing
Myth 4 - I don't need a patent attorney for a provisional patent application
Myth 5: Once I file a provisional #patent application, I don't need to worry for a year
5 common mistakes DIY applicants make with provisional patent applications
1 - Not describing the invention in enough detail
2-Treating it like a placeholder that doesn't matter
3 - Using Overly Broad or Ambiguous Language
4- Failing to Include Drawings or Diagrams
5 - Assuming a Provisional Patent Application Means Patent Pending Protection Forever
Patent Search FAQs
Why are patent searches important?
What are the different kinds of patent searches, and when are they useful?
Can you do a patent search without a patent attorney?
Are patent searches accurate?
What do patent search results mean?
Why should you work with a patent attorney for a patent search?
Not Ready to Hire An Attorney Yet? Start Here:
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