Patent Filing in US

Patents in United States are governed by Patent Act (35 U.S.Code), which is established the United States Patent and Trademark Office(USPTO). The most common type of patent is a utility patent indeed. To obtain protection under U.S.Law, the applicant must submit a patent application to the USPTO, where it will be reviewed by an examiner to determine if the invention is patentable. U.S. law grants the patentee a right to exclude others from making,using, selling the invention.

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Steps For Patent Filing In US


Patent Search:  A thorough search is performed for all the existing inventions on the idea that you are trying to patent. If there is a patent already on the idea you are considering, than patent is not granted. Patent search saves you from the effort of going through the year long registration process. You can stop if the patent is already registered.


Fill out Appropriate Application form: Fill out the appropriate patent application for your patent. There are three types of patent applications in the U.S. A plant patent application, which usually refers to a new asexual botanical, a design patent, and a utility patent, the most important patent that protect the mechanical innovation. Forms for each type of patent are available at Patent and Trademark office, or online at the USPTO website. All forms are available in PDF format you will need Adobe Acrobat Reader to view and review these document.


Type of  Patent Application to file

  • Provisional Patent Application (Filing and Drafting): The provisional application should have enough details to back up the claims that you make later. You cannot later add to the specification or drawing in any new material way. To be safe, you may want to think out your claims although you actually have to provide any provisional application. To get the benefit of provisional filing date, the provisional must encompass an enabling disclosure meeting all the requirement for non-provisional.
  • Non-Provisional Patent Application: A U.S. non-provisional patent application is a patent application that when properly filed with the U.S. Patent and Trademark Office is placed in a queue, examined by a Patent Examiner. Each non-provisional patent application should contain a title, a background of the invention, a summary of the invention, a detailed description of the invention, one or more claims, and drawings.


Expedited Examination: The various options offered by the USPTO that can be availed by the applicant to expedite the examination process.

  1. Prioritized examination
  2. Accelerated Examination
  3. First action interview
  4. Patent Prosecution Highway
  5. Petitions to make special

The United States Patent and Trademark Office (USPTO) is one such patent office that offers the provision of speeding up the patent examination process.


Determine Application Processing Fee: All payments must be done in U.S dollars for the full amount of the fee required.The filing fee is $130 for a small entity and drawings typically cost $100 to $125 per page, so a high quality provisional patent application for a mechanical or electrical device can typically be prepared and filed for $2,500 to $3,000.


Apply for E-Filing system: File Patent through Electronic Filing System.It is probably true that the majority of patent practitioners will encounter EFS one way or the other. To arrange for the Patent Office to publish this so-called “redacted” application, you must submit it to the Patent Office using EFS. As another example, electronic patent filing might prove to be convenient for those patent practitioners who do not have the convenience of a 24-hour post office. EFS offers a way to get today’s filing date even after the post office has closed.

It seems a safe prediction that, over time, more incentives will be devised for electronic filing.


Check Application Status: The Patent Application Information Retrieval (PAIR) system provides a safe, simple, and secure way to retrieve and download information regarding patent application status. There are two PAIR applications, Public PAIR and Private PAIR. Public PAIR provides access to issued patents and published applications. Private PAIR provides secure real-time access to pending application status and history using digital certificates.


Notice of Allowance: If objection and rejection of examiner can overcome, USPTO sends notice of allowance and Fee due. When the United States Patent and Trademark Office (USPTO) intends to issue a patent, it sends the applicant a Notice of Allowance. For this to happen, an inventor provides information such as product description, design, and blueprints or drawings.


Fee: Applicant pays the issue fee and the publication fee. The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication fee will be required with the Notice of Allowance and Fee(s) Due, unless the publication fee was previously paid. I The sum specified in the Notice of Allowance and Fee(s) Due will also include the publication fee which must be paid within three months from the date of mailing of the Notice of Allowance and Fee(s) Due to avoid abandonment of the application. This three-month period is not extendable.


USPTO grants the patent: A patent grant document contains a patent number, title, inventor name, assignee, application number, filing date, prior publication date, foreign application priority data (if applicable), classification information, references cited, examiner and attorney information, abstract, specification, claims, and drawings.

What do we need from you?

  • Technology or product description.
  • A clear definition of the features or sub-components that require clearance.
  • Novel structure, compounds and/or compositions.
  • Scope of the search.
  • List of known competitors practicing in that area of technology (if possible).

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