The purpose of this guide is to provide you with basic information about filing a utility patent application with the USPTO. Marks not used in commerce - they must be used in business.Marks not used across state borders - in order to register, it must be used nationally. " Do not attach transfer documents or other attachments or riders. 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). Dunlap Law, trademark attorney in Richmond, Virginia, helps you to protect your brand identity from being copied. "Nonobvious" in context of something already invented. What is not patentable? We can also provide you with other intellectual property needs assistance such as obtaining copyright protection or filing for a patent.