Intellectual Property Services
Comprehensive IP counsel for startups, inventors, and manufacturers. Direct attorney access from first consultation through final filing.
Patent Prosecution
Protecting your invention through the complete USPTO process — from patentability search through grant.
What Is Patent Prosecution?
Patent prosecution is the formal process of obtaining a patent from the USPTO. It begins with drafting a patent application that accurately and strategically claims your invention, and continues through examination — including responding to office actions — until the patent is granted or a final decision is made.
Tom Kading handles every aspect of this process personally, ensuring that your application is prepared with the technical precision and legal strategy needed to secure the broadest possible protection.
Who Needs Patent Prosecution?
Patent prosecution is essential for any inventor, startup, or established company that has developed a novel product, process, or technology and wants legally enforceable exclusive rights.
From agricultural equipment manufacturers in North Dakota to software startups across the Midwest, Fargo Patent Law works with clients at every stage of innovation.
The Patent Process: Step by Step
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1
Patentability Search & Analysis
A thorough prior art search to assess novelty and non-obviousness before investing in a full application.
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2
Application Drafting
Preparation of the specification, drawings, and claims — the most critical phase for defining the scope of your patent rights.
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3
USPTO Filing
Electronic filing with the USPTO, establishing your priority date and securing your "patent pending" status.
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4
Examination & Office Actions
Strategic responses to USPTO examiner rejections and objections to advance the application toward allowance.
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5
Grant & Portfolio Management
Issue fee payment, patent grant, and ongoing portfolio strategy including maintenance fees and continuation filings.
Utility Patents
The most common patent type — protects new processes, machines, articles of manufacture, and compositions of matter for up to 20 years.
Design Patents
Protects the ornamental appearance of a product. Faster to obtain than utility patents — often 12–16 months to grant.
Provisional Applications
Establishes an early priority date and grants 12 months of "patent pending" status at lower cost — ideal for early-stage innovations.
Continuation Applications
Extends patent protection to additional aspects of an invention based on an earlier application's disclosure. Key portfolio-building tool.
Trademark Registration
Protect your brand identity — your name, logo, and slogan — with federal trademark registration through the USPTO.
What Is Trademark Registration?
A trademark is a word, phrase, symbol, logo, or combination thereof that identifies the source of your goods or services and distinguishes them from competitors. Federal registration with the USPTO gives you nationwide rights, legal presumption of ownership, and the ability to use the ® symbol.
Without registration, your trademark rights are limited to the geographic area where you actually use the mark — leaving your brand vulnerable as your business grows.
The Trademark Registration Process
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1
Clearance Search
Thorough search of USPTO records and common law uses to assess registrability and risk before filing.
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2
Application Filing
Strategic selection of International Classes and filing basis; preparation and submission of the USPTO application.
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3
Examination & Office Actions
Responding to any USPTO examiner refusals with persuasive legal arguments to advance toward publication.
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4
Publication & Registration
Publication in the Official Gazette for opposition, followed by registration certificate and ongoing maintenance guidance.
Why Trademark Registration Matters
Federal trademark registration provides powerful legal tools that unregistered marks simply cannot access — including the ability to bring infringement suits in federal court, potential recovery of attorney's fees, and the right to record your mark with U.S. Customs to block infringing imports.
For growing businesses, a registered trademark is also a transferable business asset that increases in value as your brand becomes known in the marketplace.
IP & Corporate Strategy
Strategic intellectual property counsel for companies building long-term competitive advantage through their innovation.
Portfolio Planning
Strategic analysis of your existing and future IP assets to identify gaps, prioritize filings, and build a portfolio that supports business objectives — from fundraising to market exclusivity.
Licensing Agreements
Drafting and negotiating patent and trademark license agreements that protect your IP rights while creating revenue streams. Covers exclusive, non-exclusive, and field-of-use licenses.
Freedom-to-Operate Opinions
Before launching a product, a freedom-to-operate (FTO) analysis identifies patents that could create infringement risk, allowing you to design around potential conflicts before going to market.
Business IP Counsel
IP strategy is most valuable when it is integrated into your business plan from the beginning. Tom Kading advises startups and established companies on IP ownership structures, employee and contractor IP assignment agreements, due diligence for acquisitions, and IP considerations in financing rounds.
Investors and acquirers increasingly scrutinize IP ownership as part of due diligence. Proactive IP structuring protects your valuation and prevents costly surprises.
Trade Secret Protection
Safeguard your confidential processes, formulas, customer lists, and proprietary information through robust legal protections.
What Is a Trade Secret?
A trade secret is any information that derives economic value from not being generally known and that is subject to reasonable measures to keep it secret. Unlike patents, trade secrets do not expire — as long as secrecy is maintained, protection is perpetual.
Common trade secrets include manufacturing processes, software source code, chemical formulas, customer and supplier lists, pricing strategies, and business methods that give you a competitive edge.
How We Protect Your Trade Secrets
Precisely drafted unilateral and mutual NDAs for employees, contractors, vendors, and potential partners — enforceable and tailored to your specific information.
Comprehensive confidentiality provisions integrated into employment agreements, vendor contracts, and partnership agreements.
A systematic review of your business operations to identify valuable confidential information, assess existing protections, and implement a legally defensible trade secret program.