A mark cannot be reserved and may not be registered until it has been used in commerce. If you're an inventor or small business owner, you may be eligible for free legal assistance in preparing and filing a patent application.Luckily though, under the US laws, you can file a patent application up to a year after you have disclosed your invention. At Benjamin C. Rothermel, Esq. Law Firm, we specialize in trademark law, offering a client-first approach that prioritizes your needs in Harrisonburg, VA. U.S. trademark applicants do not technically need an attorney to represent them in the US Patent and Trademark Office. Getting a patent in Virginia is the same as any other state. The patent application is filed with the United States Patent and Trademark Office (USPTO). But to be considered a "patent" attorney you have to pass the patent bar. Patent Attorney can render legal opinion, but Patent Agent is not entitled to.