HomeIP-GuideUSA General informationInvention (Paris Convention) USA
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Patent registration in the USA (non-PCT)

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  • Patent fees

Fees associated with filing patent applications in the USA, as well as other patent fees, are available in the fee calculator.

  • The term for filing a utility patent application in the U.S.

The term for filing a patent application in the U.S. claiming the benefit of a prior provisional or foreign application is 12 months from the filing date of the priority application. Effective December 18, 2013, applications filed after expiration of the 12-month period for filing an application claiming the benefit of a prior foreign or provisional application can have the right of priority restored if the delay in filing the subsequent application was unintentional. The subsequent application must be filed within two months of the expiration of the 12 month period, accompanied by a request and appropriate fee.  

  • Minimum filing requirements in the U.S. for a non-provisional (utility) patent application

- Specification (requires a description and one or more claims; however, the claims may be submitted after the filing date, and the description may simply be a reference to a prior application that is identified by number and filing date);
- Drawings (when necessary);
- Oath or declaration of inventorship (may be submitted after filing date);
- Application data sheet (if claiming priority to earlier filed applications);
- Fees (may be paid after filing date).

  • Language of the U.S. patent application

The official language of the U.S. patent application is English. An application may be filed in any other foreign language, but it must be accompanied by an English translation, a statement that the translation is accurate, and payment of a fee. If the translation, statement, and fee are not submitted at the time of filing, a notice and time period will be given to submit the missing item(s).

  • Information Disclosure Statement

The applicant is obliged to disclose by way of an Information Disclosure Statement (IDS), any information that could be considered to be material to a determination of patentability of the claimed invention. This duty extends to an applicant’s legal representative and anyone involved in the registration of the application. The information can be of any type, and includes, but is not limited to, prior art. The duty continues until a patent is issued or the application is abandoned. An intentional failure to submit an IDS may result in a later declaration of the patent as unenforceable. If the IDS is filed within three months from the application’s filing date or before the first office action, no government fee is required to be paid for the filing of an IDS. In case any information contained in the IDS was first cited in communication from a foreign patent office in a counterpart foreign application more than 3 months prior to filing of said IDS, or was otherwise known to the applicant or applicant’s representative more than 3 months prior to filing the IDS, additional official fees must be paid.

  • Priority document

A certified copy of the original foreign application and translation, if not in the English language, may be required for establishing the right of priority to an application for the same invention that was previously filed in a foreign country.

  • Power of Attorney requirements

Legalisation of the Power of Attorney is not required. There is no set deadline for submitting a Power of Attorney (POA) when filing a patent application in the U.S.

  • Substantive examination request

A request is not necessary as the substantive examination is automatically initiated by filing a patent application in the USA. It is possible to request an accelerated examination under PPH.

  • Grace period in the U.S.

There is a novelty grace period that is stipulated for the inventor’s disclosure or disclosure by another person who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor. Duration of the grace period is one year before the actual U.S. filing date or the filing date of the earliest application for which the application is entitled to a right of priority.

  • Issue and patent maintenance fees

The official issue fee for a patent in the USA should be paid within three months from the mailing of the Notice of Allowance. The first maintenance fee is paid within 3 1/2 years from granting the U.S. patent. Subsequent maintenance fees are due every four years thereafter.

  • Representation by a patent attorney

An inventor is free to prepare and prosecute his or her patent application; however, it is recommended that the services of a registered U.S. patent agent or attorney are used.

  •  Note

Online Search Database for US Patents.

Brief summary is based on the information provided by Soroker, Agmon, Nordman on 13.02.2019
Please contact us if the above information contains any discrepancies with the U.S. IP Laws.