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Get professional assistance
Applying for international IP can be tricky. We explain how you can find an IP professional to represent you in your target country or region.
If you’re considering applying for an IP right overseas, we recommend engaging an IP attorney. They can help you understand the country’s eligibility requirements and fees, lodge applications, and manage your IP rights once they're protected. In some countries, local laws may require you to work with an IP professional.
Find an IP professional who can represent you in your target country or region by visiting Get professional assistance with your IP.
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:
- 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).
- Consider whether you should apply for a trade mark in Australia first.
- Know the cost of applying for a trade mark in the US and through the Madrid System.
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in the US. An IP professional can help you with this.
- Understand the US' goods and services requirements.
How to apply
There are 2 main ways to apply for a trade mark in the US:
- Through the United States Patent and Trademark Office (USPTO) via an IP professional
- Through the Madrid System.
What to consider
Before applying, make sure you:
- Understand what's considered a patent in the US and if your idea can be patented
- Consider whether you should apply for a patent in Australia first
- Know the cost of applying for a patent in the US
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been protected in the US. An IP professional can help you with this.
How to apply
There are 2 ways to apply for a patent in the US:
- Through 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.
- 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.
What to consider
Before applying, make sure you:
- Understand what's considered a design right in the US and if your design is eligible for protection
- Consider whether you should file your design right application in Australia first
- Know the cost of registering a design right in the US
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design hasn't been published in the US. An IP professional can help you with this.
How to apply
To register a design right in the US, apply directly to the United States Patent and Trademark Office (USPTO).
What to consider
Before applying, make sure you:
- Understand what's considered a PBR in the US and if your plant variety is eligible for protection
- Consider whether you should apply for a PBR in Australia first
- Know the cost of registering a PBR in the US
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR hasn't already been protected in the US. An IP professional can help you with this.
How to apply
To register a PBR in the US, apply directly to the United States Patent and Trademark Office (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.
