Country：美国（特拉华） · IP Protection
United States (Delaware) · IP Protection
U.S. IP is uniformly governed by federal agencies (USPTO for trademarks/patents, Copyright Office), and is the core battleground for outbound enterprises' patent and trademark strategy. Chinese companies often file U.S. patents/trademarks first to protect their U.S. business and financing moat.
Key points
- Trademark: USPTO registration (use / intent-to-use), first-to-file, can designate U.S. via Madrid
- Patent: USPTO examination system, can enter national phase via PCT; utility / design / plant
- Copyright: automatic protection, registration strengthens enforcement
- Enforcement: federal court, ITC Section 337 investigation (against infringing imports)
- Well-known marks / patent portfolio matter for financing and IPO diligence
Procedure
- Search for conflicts (USPTO TESS / PatFT)
- File application (trademark TEAS / patent EFS-Web)
- Examination and response (office action)
- Registration/grant; monitoring and enforcement
Hard requirements
- Clear drawing/claims; use evidence (trademark)
Costs
Trademark application US$250–350/class; patents by claims⏱ ⏱ Timeline：Trademark 8–12 months; patent 2–3 years⚠ Common risks
- Opposition/rejection (incl. descriptiveness)
- Not registered in the U.S. → squatted
- ITC Section 337 investigation (export infringement)
Handbook
📘 Step-by-Step Handbook (with owner / timeline / cost / penalties)
Applies to：Chinese-capital enterprises entering the North American market via the U.S. (incl. Delaware-incorporated entities), deploying trademarks, patents, designs and copyrights in the U.S. U.S. IP is a federal matter governed uniformly by USPTO; Delaware itself has no separate patent/trademark office.
Prerequisites
- Determine protection type (trademark / utility patent / design patent / copyright) and corresponding class or claims
- Trademark must specify a use in commerce or intent-to-use basis
- Foreign applicants may file directly with USPTO without a mandatory local lawyer, but trademark litigation/responses should engage a U.S.-licensed lawyer
- Priority claimants must file within 6 months (Madrid trademark) / 12 months (PCT or Paris patent) of the first foreign filing
- Patent applicants must satisfy the duty of disclosure (IDS)
| Step | Action | Owner | Timeline | Cost | Official form / system | Notes & penalties |
|---|---|---|---|---|---|---|
| 1 | IP asset inventory and search Search for similar trademarks and prior patents in USPTO TESS (trademarks), PatFT/AppFT (patents) and WIPO databases; assess registrability. | U.S. IP lawyer/agent | 1–3 weeks | Free (self-search); commissioned search ~US$500–1,500 | USPTO TESS / PatFT / AppFT | U.S. trademark rights are affected by common-law use; search must cover state and federal. Penalty：Missing a prior user → opposed or cancelled after registration. |
| 2 | Determine protection strategy Trademark via direct USPTO application or Madrid designation of the U.S.; patent via USPTO non-provisional/provisional application or PCT national phase entry; copyright registration with the U.S. Copyright Office (not mandatory but a litigation prerequisite). | Legal / U.S. lawyer | — | Per official publication | USPTO / PCT / U.S. Copyright Office | Provisional patent application secures priority first, formal application within 12 months. Penalty：Wrong path or priority deadline → loss of rights basis. |
| 3 | Trademark application filing File via TEAS, selecting goods/services and basis (use or intent-to-use), with drawing or specimen (for use basis). | Applicant / U.S. lawyer | Formal review weeks | TEAS base official fee ~US$250–350/class (per official publication) | USPTO TEAS electronic system | Intent-to-use requires a Statement of Use after allowance, before registration. Penalty：Defective specimen or wrong class → rejection. |
| 4 | Patent filing and IDS File a utility (non-provisional) patent application with specification, claims, drawings; submit an Information Disclosure Statement (IDS) listing known prior art. | U.S. patent agent | Examination 1–3 years | Filing and search/exam fees by entity size, per official publication | USPTO Patent Center | IDS is a legal duty of patent applicants; omitting material prior art can make the patent unenforceable. Penalty：Failure to file / conceal IDS → patent may be held unenforceable (inequitable conduct). |
| 5 | Examination, publication and opposition After trademark examination, publication allows third parties to oppose within 30 days (extendable); patent is granted and published after substantive examination. | USPTO / opposer | Trademark publication 30 days | Opposition fee per official publication | USPTO TTAB opposition proceeding | Within 9 months after patent grant, others may challenge via IPR etc. Penalty：Missing opposition monitoring or response deadline → weakened rights. |
| 6 | Registration, issuance and enforcement Trademark allowed and certificate issued; enforcement via federal court litigation, ITC Section 337 investigation, CBP recordation to block infringing imports; copyright registration is a prerequisite to file infringement suit. | U.S. lawyer | — | Litigation / CBP recordation fee per official publication | USPTO / CBP / federal court | U.S. is use-based for trademarks; retain genuine use evidence. Penalty：Registered but unused → cancellation risk. |
| 7 | Renewal and maintenance Trademark files a Statement of Use (Section 8) in years 5–6, renewed every 10 years (Section 9); patents pay maintenance fees at 3.5/7.5/11.5 years; copyright registration requires no renewal. | IP manager / U.S. lawyer | Trademark Section 8 in years 5–6 | Maintenance / renewal fee per official publication | USPTO maintenance and renewal system | Late has grace period but added penalty; beyond period rights lapse. Penalty：Missed maintenance fee → patent expires early; missed Statement of Use → trademark cancelled. |
✅ Self-check list
⚠ Common pitfalls
Registered but not used影响：Cancelled by third party for non-use规避：Maintain genuine use and retain sales/advertising evidence
Patent omits IDS影响：Patent may be unenforceable for inequitable conduct规避：Systematically search and file/supplement IDS on time
Intent-to-use not supplemented with Statement of Use after allowance影响：Trademark cannot complete registration规避：File Statement of Use within the statutory period after allowance
Trademark descriptive / generic影响：Rejected or weakened protection规避：Choose a distinctive mark; use Supplemental Register if necessary
Ignore renewal and maintenance fees影响：Rights lapse规避：Establish official-fee reminders and auto-payment
Mistakenly believe Delaware issues local IP rights影响：Protection fails规避：U.S. IP is uniformly federally registered via USPTO
📅 Ongoing post-incorporation obligations
- Trademark Statement of Use (Section 8) in years 5–6, renewed every 10 years (Section 9)
- Patent maintenance fees at 3.5/7.5/11.5 years
- Continuously retain trademark genuine-use evidence
- Monitor publications and potential infringement; CBP recordation if needed
- Record rights changes (assignment / license) with USPTO
🔗 Official portals
📎 Source：https://www.uspto.gov ; https://www.wipo.int
Want to turn this into an actionable compliance workflow?
CompliGo · Outbound Compliance Automation
You now have the essentials. Hand it to CompliGo: auto-generate compliance documents, real-time validation, and one-click regulatory alerts. Free trial for new users.
CompliGo is an independent SaaS operated by the outbound team. This knowledge base only drives acquisition and never handles funds or collects/pays on your behalf.