Intellectual property in the United States

Having an Australian trade mark, patent, design right, or plant breeder’s right (PBR) doesn't secure protection in the United States (US). Here's how you can protect your IP in the US.  

What types of IP can you register?

In the US, you can protect your IP with a trade mark, patent, design right or PBR.

What to consider

Before applying, make sure you:

  1. Understand what's considered a trade mark in the US and if your trade mark is eligible for protection.
  • The US has two types of trademark registration, state and federal. A state trademark is issued by a state office, whereas a federal trademark is issued by the United States Patent and Trademark Office (USPTO).
  1. Consider whether you should apply for a trade mark in Australia first.
  2. Know the cost of applying for a trade mark in the US and through the Madrid System.
  3. Understand how to conduct a thorough search to make sure your trade mark hasn't already been protected in the US.
  4. Understand the US' goods and services requirements.

How to apply

There are two main ways to apply for a trade mark in the US:

  1. To the United States Patent and Trademark Office (USPTO) via an IP professional
  2. Through the Madrid System.

Apply via USPTO  Apply via the Madrid System

What to consider

Before applying, make sure you:

  1. Understand what's considered a patent in the US and if your idea can be patented
  2. Consider whether you should apply for a patent in Australia first
  3. Know the cost of applying for a patent in the US
  4. Understand how to conduct a thorough global search to make sure your idea hasn't already been published.

How to apply

There are two ways to apply for a patent in the US:

  1. Directly to the United States Patent and Trademark Office (USPTO)
  • If you have a provisional application, you'll need to file within 12 months to secure your priority date.
  1. Through the Patent Cooperation Treaty (PCT)
  • If you have an international application, you can apply to the USPTO and convert this into a US patent application. This is called 'entering the national phase'.

You may also be entitled to fast track examination under the Global Patent Prosecution Highway.

Apply via USPTO  Apply via the PCT

What to consider

Before applying, make sure you:

  1. Understand what's considered a design right in the US and if your design is eligible for protection
  2. Consider whether you should file your design right application in Australia first
  3. Know the cost of registering a design right  in the US
  4. Understand how to conduct a thorough global search to make sure your design hasn't already been protected.

How to apply

To register a design right in the US, apply directly to the United States Patent and Trademark Office (USPTO).

Apply via USPTO

What to consider

Before applying, make sure you:

  1. Understand what's considered a PBR in the US and if your plant variety is eligible for protection
  2. Consider whether you should apply for a PBR in Australia first
  3. Know the cost of registering a PBR in the US
  4. Understand how to conduct a thorough search to make sure your PBR hasn't already been protected in the US.

How to apply

To register a PBR in the US, apply directly to the United States Patent and Trademark Office (USPTO).

Apply via USPTO

What other IP can you register?

The US administers rights for other types of IP, including copyright, integrated circuit layouts and geographical indications.

Copyright

Copyright in the US arises automatically when creative material is made, however, you can also register your copyright with the US Copyright Office to help enforcement of your IP.

Integrated circuit layouts

The United States Patent and Trademark Office (USPTO) is responsible for registering integrated circuit layouts in the US.

Geographical indications

USPTO is also responsible for registering geographical indications in the US.

What has protection without registration?

Trade secrets

There's no formal application or registration process for trade secrets in the US. 

Further guidance

  • To learn more about intellectual property in the US, visit USPTO.
  • To find out more about the US World Intellectual Property Organization (WIPO) membership, check out the US' WIPO member page.
  • If you're considering exporting to the US, the Export Council of Australia provides information on licensing, clearances, access to finance and trade agreements.
  • For information about the US export market and economy, you may wish to check Austrade and DFAT's profiles on the US.