PATENT FILING IN USA

The Patent Law of United States was enacted even before the U.S. Constitution was adopted. Starting from colonial period to current period, U.S. Patent Law has came across various transformations and amendments. Currently it is the widely accepted by many nations and most of the patent laws are framed by inheriting the US Patent Law. United States Patent and Trademark Office (USPTO) is considered to one of the most dynamic and updated patent office that continuously works on making the patent filing process simpler and effective. With the vision of the U.S. government for boosting the patent filings, GPF is dedicated in providing the one stop solution of all the requirements of patent filings. GPF can assist in efficiently and promptly, using accurate translations, filing of patent applications. GPF along with Khurana and Khurana, Advocates and IP Attorneys (K&K) has tremendous experience in dealing with Patent Filing/ Prosecution as per U.S. Patent Laws, and can assist in hand-holding through the complete prosecution lifecycle of a Patent.

 

High Level Cost Estimate for Filing
Description
Price
Official Fee
$ 1,600 (Applicant Being Large Entity)
Attorney Fee
$ 800
Translation Fee
NA
Total
$ 2,400

Documents Required
  • Power of Attorney (PoA).
  • Declaration to be executed by the Applicant.
  • PCT Application number.
  • Assignment Deed.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent application can be filed in United States as any of the following applications in English:

  • Paris Convention based national entry.

  • PCT National Phase based national entry. 

2
STEP 2 : PUBLICATION

Ordinarily, publication is done within 18 months of the priority date. By paying additional fee, an early publication can also be performed if requested.

3
STEP 3 : EXAMINATION

Request for examination has to be made at the time of filing the application. 

4
STEP 4 : PROSECUTION

At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements response to which must be filed within 90 days from the date of issue of the FER.

5
STEP 5 : GRANT

Annuity for 3’rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.