Patents

Patent Application in the US

United States is one of the contracting states of the PCT, you can either apply your patent trough the PCT system with a National Phase Entry or you can apply directly as a local filing. Below you will find information on both methods.

PCT National Phase

In most cases, a year is not enough time to gather investors, to test the recently developed invention your company is launching and to know exactly in which which countries the invention will have commercial applicability. With a PCT Application you do not need to decide where to file specific foreign patent applications for up to 30 months from your first priority date. Even more, the PCT is a standardized process to file multiple applications in foreign countries.

If you already have an International PCT and need to enter into National Phase in US, we only required the following:

  1. PCT publication number
  2. International Search Report
  3. Translation if applies
  4. Any amendments made to the PCT original filing, if applies.

Local Filing

If you have a filed patent in any country and you need to expand its protection to US, you can proceed with a national application within 12 months from the earliest priority filing date. In general, a direct national patent application strategy is recommended if you know exactly where your target market is and probably if you want to protect your application in a few countries only.

If you need to proceed with the filing of a national application you have to consider the following requirements:

  1. Patent specifications in the local language (Abstract, application text, claims and drawings).
  2. Copy of the foreign priority including, country, filing date, title, owner and inventors. If applies.

Provisional patent application

In the US you can also apply for a provisional patent. This type of application has the purpose to secure a filing date while the invention final specifications are finished or while the applicant gather the necessary budget for the protection process.

In order to file a provisional patent you only need the draft of your invention. However within 12 months from the provisional filing date the NON-provisional patent will need to be filed.

With us, the filing process (PCT or Direct filing) should take 3 -5 days once we have received all the information required.  Our global experience along with a high quality local patent attorneys and experts will make this process easier, clear and fast. Contact us so we can review your the original patent application details and provide you with our expert advice.

If you have a filed patent in any country and you need to expand its protection to US, you can proceed with a national application within 12 months from the earliest priority filing date. In general, a direct national patent application strategy is recommended if you know exactly where your target market is and probably if you want to protect your application in a few countries only.

Patent Draft

This is the main requirements in order to start a patent protection process.

General process of a patent application
  • 1 Patent Filing: Once you have your patent draft already written we will prepare the documentation for a proper patent application in the regarding country.
  • 2 Patent examination: after about 12 months, this will depend on the country the examination process will start.
  • 3 Office action: The patent office will issue an examination report with observations and requirements to the application.
  • 4 Patent Granting: Once the examination has ended and if the patent office has accepted your application your patent will be granted.
  • 5 Maintenance fee: In almost every country you need to pay a yearly fee in order to keep your patent in force.