Fargo Patent Attorney Highlights Critical Role of IP Protection for Businesses

Tom Kading, founder of Fargo Patent and Business Law, is urging business owners to prioritize the protection of their intellectual property, warning that failure to do so can result in significant financial and competitive losses.

Kading established his Fargo-based firm in 2021, focusing on intellectual property, patents, and trademarks. Prior to launching the firm, Kading built and sold several businesses, including ventures in real estate and cryptocurrency. This entrepreneurial experience, he says, informs his approach to legal counsel for innovators and business owners.

In an open letter published on the firm’s website, Kading wrote, “I founded this firm with a simple belief: Your attorney should understand both your legal needs and your business dreams.” He emphasized that many inventors and entrepreneurs struggle to protect their ideas because legal advice often feels disconnected from the realities of running a business.

During an interview at the firm’s south Fargo office, Kading explained that Fargo Patent and Business Law is dedicated to helping businesses understand and secure their intellectual property rights. “What can we do to make it your idea and not get ripped off by everyone else?” he said, summarizing the firm’s mission.

Kading recommends that businesses with valuable products or strong brands should trademark their names as a first line of defense. Without trademark protection, he cautions, competitors may use the same name, potentially diverting sales and damaging the original company’s market position.

While businesses can pursue legal action in cases of infringement, Kading notes that litigation is often expensive, with costs potentially reaching hundreds of thousands of dollars, even if the original business prevails in court.

On the subject of patents, Kading advises that inventors have a one-year grace period after bringing a valuable idea to market to seek patent protection. “If you don’t pursue patent protection on it within that year, you’ve basically dedicated it to the public,” he said. Once that window closes, he warns, there is little recourse to prevent others from copying the idea.

Fargo Patent and Business Law employs five additional attorneys and maintains a small office in Colorado. The firm focuses on four primary business sectors: aerospace (including drones and aviation), energy (such as oil and gas production), manufacturing, and agricultural technology.

Kading explained that the standard process for obtaining a patent typically takes two to three years, though a fast-track option can reduce the timeline to as little as six months. While the firm does not handle litigation directly, it refers clients to litigation specialists if disputes arise.

He reiterated that proactive steps, such as securing trademarks, can help businesses avoid litigation altogether. “If you have to go into patent litigation, it’s a million- or two-million dollar process,” Kading said. “If we can help someone invest $250,000 in intellectual property protection from the get-go and avoid litigation, that’s a huge win.”