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US Federal Intellectual Property Matter Plans

🇺🇸 United States - Federal - Intellectual Property - 1 plans

Intellectual property law in the United States is primarily federal, grounded in Article I, Section 8, Clause 8 of the U.S. Constitution. The Patent Act (35 U.S.C.) governs patents for new, useful, and non-obvious inventions, providing a 20-year term for utility patents from the filing date. The Copyright Act (17 U.S.C.) protects original works of authorship fixed in a tangible medium, with copyright attaching automatically upon creation. The Lanham Act (15 U.S.C. sections 1051-1141) is the principal federal trademark statute governing registration, protection, and enforcement of trademarks and service marks.

The United States Patent and Trademark Office (USPTO) administers the patent and trademark registration systems, while the U.S. Copyright Office manages copyright registration. Federal courts have exclusive jurisdiction over patent and copyright disputes, and the U.S. Court of Appeals for the Federal Circuit has exclusive appellate jurisdiction over all patent cases. Our IP plans cover patent prosecution, trademark prosecution and opposition, copyright registration, IP licensing, and infringement litigation in federal court.

Total Plans1
Master Plans1
Derivative Forks0
Total Effort Units49

Key Legislation

Patent Act (35 U.S.C.)

Governs patent applications, examination, grant, and enforcement. Utility patents provide 20 years of protection from the filing date for inventions that are new, useful, and non-obvious.

Lanham Act (15 U.S.C. sections 1051-1141)

The primary federal trademark statute governing the registration, protection, and enforcement of trademarks and service marks, as well as unfair competition, false advertising, and trademark dilution.

Copyright Act (17 U.S.C.)

Protects original works of authorship fixed in a tangible medium of expression, including literary, musical, dramatic, artistic, and architectural works. Copyright attaches automatically upon creation.

Defend Trade Secrets Act of 2016 (18 U.S.C. section 1836)

Creates a federal civil cause of action for trade secret misappropriation, allowing trade secret owners to bring claims in federal court without requiring diversity jurisdiction.

Courts & Tribunals

U.S. District Courts

Federal

Have exclusive original jurisdiction over patent and copyright infringement cases, and concurrent jurisdiction over trademark claims under the Lanham Act.

U.S. Court of Appeals for the Federal Circuit

Federal

Has exclusive appellate jurisdiction over all patent cases, appeals from the USPTO Patent Trial and Appeal Board, and appeals from the U.S. International Trade Commission in IP matters.

United States Patent and Trademark Office (USPTO)

Federal

Federal agency responsible for examining and granting patents and registering trademarks. The Patent Trial and Appeal Board (PTAB) conducts inter partes review and post-grant review proceedings.

Intellectual Property Matter Plans

1 plan

US Trademark Prosecution & Registration

REGULATORY-LEAD COUNSEL
7 49u

Frequently Asked Questions

What IP matters do these federal plans cover?

Our federal IP plans cover patent prosecution at the USPTO (utility, design, and provisional applications), trademark prosecution and registration, trademark opposition and cancellation proceedings, copyright registration, trade secret protection under the Defend Trade Secrets Act, IP licensing and assignment, and infringement litigation in U.S. District Courts.

How long does patent prosecution take at the USPTO?

A standard utility patent application typically takes 2-3 years from filing to grant at the USPTO, though timelines vary by technology area. The process includes filing, examination by a patent examiner, office actions (which may require amendments), and ultimately allowance or final rejection. Expedited examination through Track One prioritised examination can reduce this to approximately 6-12 months for an additional fee.

What is the difference between federal and state trademark protection?

Federal trademark registration under the Lanham Act provides nationwide constructive notice of ownership, a presumption of validity, and access to federal courts for enforcement. State trademark law provides common-law protection limited to the geographic area where the mark is used. Federal registration is not required for trademark protection, but it confers significant advantages for enforcement and is generally recommended.

Community-Driven Legal Resources

Built by Practitioners, for Practitioners

Every intellectual property matter plan on this page has been created and refined by verified legal practitioners. Our community-driven approach means plans reflect real-world practice, not theoretical frameworks.

Suggest improvements, flag outdated procedures, or contribute entirely new plans. All suggestions are peer-reviewed and voted on by the community before being incorporated.

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About Federal Intellectual Property Matter Plans

The Open Matter Plans Network provides free, community-curated intellectual property workflow templates specifically designed for Federal practitioners. Our Federal intellectual property library currently includes 1 matter plan. Each plan provides a structured checklist covering every stage of a legal matter, from initial instructions through to completion, with estimated time units, key dates, and role assignments.

All plans are maintained by verified legal practitioners and aligned to the SALI Alliance Legal Matter Standard Specification for taxonomy and interoperability. Plans can be exported to CSV for integration with your practice management system, or accessed programmatically via our JSON API.