Patent Filing in the USA
The United States is the world's largest patent market and the first choice for most global portfolios. National stage entry under 35 U.S.C. 371 leads to full substantive examination by the USPTO, with no separate examination request.
When is your national phase deadline in the USA?
Enter the earliest priority date of your PCT application (or the international filing date if there is no priority).
Patent filing in the USA: key facts
Reinstatement of rights (PCT Rule 49.6): yes. Restoration of the right of priority (Rule 49ter.2) accepted under the 'unintentional' criterion.
Small entity: 60% reduction; micro entity: 80% reduction.
Automatic. Examination begins once the national stage fees and formalities are complete.
No separate US publication: the PCT publication stands, with provisional rights where the infringer had actual notice.
20 years from the international filing date, plus any patent term adjustment.
Typically 2 to 3 years. Faster through the Patent Prosecution Highway (PPH).
Maintenance fees at 3.5, 7.5 and 11.5 years after grant.
No utility model protection.
Possible
Official fees for patent filing in the USA
Filing in several countries? Compare fees with other countries →
Standard official fees (general)
From the WIPO PCT Applicant's Guide, updated October 13, 2026. Amounts in USD. Your exact fees depend on your application: use the calculator above.
| Fee | Amount | Notes |
|---|---|---|
| Basic national fee | USD 350 | Small entity: 140; micro entity: 70 |
| Search fee: IPRP (Chapter II) by IPEA/US or written opinion by ISA/US where all claims satisfy PCT Article 33(1)-(4) | USD 0 | Small entity: 0; micro entity: 0 |
| Search fee: international search fee paid to USPTO as ISA | USD 150 | Small entity: 60; micro entity: 30 |
| Search fee: search report prepared by an ISA other than the US and provided or previously communicated by the IB to the USPTO | USD 580 | Small entity: 232; micro entity: 116 |
| Search fee: all other situations | USD 770 | Small entity: 308; micro entity: 154 |
| Examination fee: IPRP (Chapter II) by IPEA/US or written opinion by ISA/US where all claims satisfy PCT Article 33(1)-(4) | USD 0 | Small entity: 0; micro entity: 0 |
| Examination fee: all other situations | USD 880 | Small entity: 352; micro entity: 176 |
| Application size fee: for each additional 50 sheets (or fraction) of specification and drawings exceeding 100 sheets | USD 450 | Small entity: 180; micro entity: 90 |
| Additional claims fee: each independent claim in excess of three | USD 600 | Small entity: 240; micro entity: 120 |
| Additional claims fee: each claim in excess of 20 | USD 200 | Small entity: 80; micro entity: 40 |
| Multiple dependent claims fee (per application) | USD 925 | Small entity: 370; micro entity: 185 |
| Surcharge for paying search fee, examination fee or filing oath/declaration after commencement of the national stage | USD 170 | Small entity: 68; micro entity: 34 |
| Processing fee for furnishing the English translation after the PCT Article 22 or 39(1) time limit | USD 150 | Small entity: 60; micro entity: 30 |
| Mega-Sequence Listing filing fee: 300 MB to 800 MB | USD 1,140 | Small entity: 456; micro entity: 228 |
| Mega-Sequence Listing filing fee: more than 800 MB | USD 11,290 | Small entity: 4,516; micro entity: 2,258 |
Fee reductions: Small entity: 60% reduction; micro entity: 80% reduction. Small entity status by written assertion (e.g. box on application data sheet or Form PTO-1390, or payment of exact small entity basic national fee). Micro entity status requires certification (Forms PTO/SB/15A or 15B) and meeting small entity requirements.
National phase entry requirements
Time limit
30 months from the priority date (Chapter I, PCT Article 22(1), and Chapter II, PCT Article 39(1)(a)); time limit for paying the basic national fee cannot be extended
Translation
Article 22: request, description, claims (if amended, both as originally filed and as amended, together with any statement under Article 19), any text matter of drawings, abstract. Article 39(1): request, description, claims, any text matter of drawings, abstract (if amended, both as originally filed and as amended by the annexes to the IPER). Translation may be furnished after the time limit in response to a notice with a processing fee; untranslated amendments are considered cancelled (37 CFR 1.495(d) and (e)).
Late entry and reinstatement
Reinstatement of rights (PCT Rule 49.6): yes. Restoration of the right of priority (Rule 49ter.2) accepted under the 'unintentional' criterion.
Agent and power of attorney
Required if the applicant is not a resident of the United States or its territories. Patent attorneys and patent agents registered to practise before the USPTO may act. Power of attorney required where the applicant is a juristic entity or at least one applicant is domiciled outside the United States or its territories; separate power of attorney requirement waived except in certain cases.
Special requirements of the office
- Oath or declaration of the inventor (see US.23-26)
- Information disclosure statement recommended (see US.28-32)
- Appointment of an agent registered to practise before the USPTO if the applicant is not a resident of the United States or its territories (see US.27)
- Where applicable, nucleotide and/or amino acid sequence listing in electronic form (see US.09)
- If not complied with within the time limit, the Office will invite compliance within a time limit fixed in the invitation
Other information
- Copy of the international application not required if filed with the USPTO as receiving Office; otherwise required only if national stage commenced before international publication (e.g. early start under Article 23(2))
- Colour drawings accepted with a petition explaining necessity and petition fee (37 CFR 1.17(h)); see MPEP 608.02 VIII
- Oath or declaration may be postponed with an application data sheet until the application is otherwise in condition for allowance; substitute statement allowed in certain circumstances
- Sequence listings for international filing dates on or after July 1, 2022 must be in ST.26 XML format
- Patent Center preferred for filing; use of Form PTO-1390 strongly encouraged
Source: WIPO PCT Applicant's Guide, national chapter, updated October 13, 2026.
What you need to file in the USA
| Document | When |
|---|---|
| Copy of the international application (if not already sent by WIPO) | At entry |
| English translation, if not in English | Can be filed later |
| Inventor declarations (Form AIA/01) | Can be filed later |
| Application Data Sheet (ADS) | At entry |
| Information Disclosure Statement (IDS) | Can be filed later |
| Sequence listing, if applicable | If applicable |
Optional. A simple signed copy; no notarisation or legalisation.
Recommended where the applicant is not the inventor. A simple signed copy, recordable at any time.
Notice of Allowance, then payment of the issue fee.
Filing requirements in detail
| Extension of the filing deadline | Yes/2 Month for Conventional Filing |
|---|---|
| Late translation allowed | 2 months from the date of the notice or 32 months from the priority dae |
| Amendments at entry | Possible |
| Article 19 amendments | Possible |
| Chapter II / Article 34 amendments | Possible |
| Examination request at entry | Yes |
| Power of attorney | Yes |
| Assignment | Yes |
| Declaration / IDS | Yes |
From national phase entry to grant
- 1Month 30National stage entry
Fees, ADS and the application copy filed with the USPTO.
- 2Entry + 2–4 monthsFormalities review
Missing items such as declarations or translations requested.
- 3Entry + 3 monthsIDS filing
Known prior art disclosed to the examiner.
- 4About 12–24 monthsFirst office action
Substantive examination of novelty and non-obviousness.
- 5Response within 3–6 monthsOffice action responses
Arguments, amendments and examiner interviews.
- 6On allowanceGrant
Issue fee paid and patent granted.
- 73.5, 7.5, 11.5 yearsMaintenance fees
Paid to keep the patent in force.
Patent filing in the USA: questions
What is the deadline for PCT national phase entry in the United States?
30 months from the earliest priority date.
Can I enter the national phase in the United States after the deadline?
Reinstatement of rights (PCT Rule 49.6): yes. Restoration of the right of priority (Rule 49ter.2) accepted under the 'unintentional' criterion.
In which language must the application be filed in the United States?
English. Article 22: request, description, claims (if amended, both as originally filed and as amended, together with any statement under Article 19), any text matter of drawings, abstract. Article 39(1): request, description, claims, any text matter of drawings, abstract (if amended, both as originally filed and as amended by the annexes to the IPER).
Do I need a local patent attorney in the United States?
The PCT applicant or its successor in title. Foreign applicants act through a USPTO-registered patent attorney or agent.
Is a power of attorney needed, and must it be legalized?
Optional. A simple signed copy; no notarisation or legalisation.
Are there official fee reductions in the United States?
Small entity: 60% reduction; micro entity: 80% reduction. Small entity status by written assertion (e.g. box on application data sheet or Form PTO-1390, or payment of exact small entity basic national fee). Micro entity status requires certification (Forms PTO/SB/15A or 15B) and meeting small entity requirements.
How does examination work in the United States?
Automatic. Examination begins once the national stage fees and formalities are complete.
How long does it take to get a patent in the United States?
Typically 2 to 3 years. Faster through the Patent Prosecution Highway (PPH).
Is utility model protection available in the United States?
No utility model protection.
How much does patent filing in the USA cost?
The cost is the official fees of the patent office plus professional fees. The standard official fees from WIPO are listed on this page; the calculator works out the exact official fees for your application (pages, claims, applicant type) after a quick email check, and our team sends a full quote on request.
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