Patentarea

Patent Application in the US

The United States of America is one of the contracting states of the Patent Cooperation Treaty (PCT), you can either apply your patent through the PCT system with a National Phase Application entry or you can apply directly as a local direct filing. The United States has one of the oldest, strongest, and most mature intellectual property (IP) systems for obtaining a patent—and one of the strongest judicial systems in the World that enforces patent rights.

In the United States, a patent application must be filed with the Patent & Trademark Office of the United States, no later than one year (12 months) after a description of the invention is published or publicly disclosed or the invention is first put on sale or made available for commercial use.

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PCT National Phase

In most cases, a year (12 months) is not enough time to gather investors, to test the recently developed invention your company is launching and to know exactly in which countries the invention will have commercial applicability. With a PCT Application you have the peace of mind of filing your patent application within 30 months from your first priority date in the United States.  Moreover, the PCT is a standardized process of contracting states of the PCT to file multiple application in foreign countries.

If you already have an International PCT and need to file a National Phase Application in the United States, we will only require 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.

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Local Filing

If you have a filed patent in any country and you need to expand its protection to the United States, you can proceed with a local direct filing application within 12 months from the earliest priority filing date. In general, a direct 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 local direct filing application, you must consider the following requirements:

1. Patent specifications in the local language (Abstract, application text, claims and drawings).
2. Certified copy of the foreign priority document including, country, filing date, title, owner and inventors, if applicable.

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Provisional patent application

In the United States 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.  This is the one of the few countries in the World that allows for this option.  It is quite unique as it serves to protect your invention by giving it an earlier priority date and allows you 12 months from the filing date to perfect your invention by completing your non-provisional specifications (patent draft).

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 the assistance of our professionals, 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 the expert patent attorney’s will make this process effortless.

Contact us so we can review your original patent application details and provide you with our expert advice.

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Additional information of the process

Claiming Priority of Foreign Patent Application in the United States
If you have a filed patent in any country and you need to expand its protection to the United States, 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.  Please be sure to provide us with your Certified copy of your Priority Document and/or DAS Code, if applicable.

We are here and ready to assist you with all your patent needs in the United States.  Let our team of professionals assist you along every step of the patent application process.

What problems could occur during the application process?
Many patent applications that are filed without professional help are not successful for one or more of the following reasons:

The original patent specification, whether provisional or non-provisional, does not describe the invention properly.

The invention is not new when compared with previous patent publications or inventions that are already known; e.g. it has been published in an earlier patent document.

The application is for something that is not patentable, such as a principle or idea, rather than its practical adaptation.

What happens if my application or claims are rejected?
You will be notified in writing of the examiner’s decision by way of an “Office Action” which is normally mailed to the attorney or agent of record.

The reasons for any adverse action or any objection or requirement will be stated in the office action and the applicant will hace to respond this action through the attorney.

Who will be in charge of my application?
In countries where services are offered, Patentarea.com relies on teams of recognized and experienced patent attorneys, allowing us to assure the highest possible quality service.

To learn about the attorney please feel free to contact us.