Patent Filing USA

The United States of America (USA) is the world’s largest patent jurisdiction, home to the strongest and most valuable patent rights globally. Patent protection in the United States is administered by the United States Patent and Trademark Office (USPTO), a well-established authority recognized for rigorous substantive examination, advanced digital infrastructure, and strong legal enforcement.

Entering the PCT Filing in the US transforms a PCT application into a Patent Filing USA governed by the US Patent Act (Title 35, U.S. Code) and USPTO regulations (37 CFR). US patents are known for their commercial significance, enabling rights holders to protect high-value innovations across all major industries—from pharmaceuticals, biotechnology, chemicals, and medical devices to artificial intelligence, electronics, software, telecommunications, and mechanical engineering.

The US remains a core jurisdiction for innovators because of:

• A large and technology-driven economy
• Strong and well-established IP enforcement
• Mature court system with specialized patent litigation
• Predictable legal standards under US case law
• Availability of broad damages and injunctions

For any global IP strategy, entering the US national phase is often a critical priority.

Who is Eligible for Patent Filing USA

Any PCT applicant who designates the United States may enter the national phase. Eligible filers include:

• Individual inventors
• Domestic and foreign corporations
• Universities and research institutions
• Startups and SMEs
• Joint applicants and co-owners
• Legal successors or assignees
  

Representation Requirement

Foreign applicants must appoint a US-registered patent attorney or agent.
Only practitioners registered to practice before the USPTO may prosecute US patent applications on behalf of applicants.

Entitlement Requirements

Under US law:

• Inventorship must be accurate and truthful.
• If the applicant is not the inventor, an Assignment or Inventor Declaration must be provided.

What is the Deadline for Patent Filing in USA – 30 / 31 Month Rule

The United States applies the standard PCT rule:

• 30 months from the priority date for the National Phase Filing.

However, the US is one of the few jurisdictions allowing:

• 31-month grace period for national entry, provided that the applicant pays the surcharge for late entry.
  

Timely filing is recommended to avoid complications with missing documents or translation requirements.

Extensions After the 30 / 31-Month Deadline

If both the 30-month and 31-month deadlines are missed:

• The US allows restoration of the application if the delay was unintentional.
• The applicant must file a petition for revival with an additional fee.
• Restoration is available only if the applicant can swear to the unintentional delay.
  

Although the US offers generous restoration rules, they increase cost and legal risk.
Applicants should treat 30 months as a firm deadline.

Filing Language

The official language of the US patent system is English.

• If the PCT application was filed in another language, a verified English translation is required at national entry.
• Translations must be accurate due to potential litigation impact.
  

Required Documents for Patent Filing USA

A complete US national phase application under PCT (35 U.S.C. §371) requires:

• Copy of the PCT application (automatically provided by WIPO)
• English translation (if required)
• Inventor’s Declaration (Form AIA/01)
• Assignment (if applicant ≠ inventor)
• National fee payment
• Information Disclosure Statement (IDS) (can be filed later)
• Application Data Sheet (ADS)
• Sequence listings, if applicable

POA / Assignment Formalities

The US is one of the least restrictive jurisdictions regarding formalities.

Search and Examination Procedure – Overview

The USPTO conducts a full substantive examination of every patent application.
Examination includes:

• Prior art search (patents + non-patent literature)
• Patentability Search (35 U.S.C. §102)
• Inventive step / Obviousness (35 U.S.C. §103)
• Written description & enablement (35 U.S.C. §112)
• Patent-eligible subject matter (§101)
• Restriction and unity of invention requirements
  

The US examination process is complex and influenced heavily by court precedents, especially in software, biotech, and medical diagnostics.

Examination Process and Office Actions

Types of Office Actions

1. Restriction Requirement (common)
   • USPTO may require the applicant to elect one invention if multiple embodiments exist.
2. Non-Final Office Action
   • Issues related to novelty, obviousness, enablement, clarity, patent eligibility (e.g., software-related §101 issues).
3. Final Office Action
   • Requires more specific amendments or arguments; further prosecution typically requires RCE (Request for Continued Examination).
4. Advisory Actions / Ex parte Quayle Actions

Applicants respond through:

• Claim amendments
• Legal arguments
• Examiner interviews
• Evidence or declaration

Accelerated Examination Options

• Patent Prosecution Highway (PPH)
• Track One Prioritized Examination
• Accelerated Examination
  

Track One can result in allowance within 12 months.

Deadline for Request for Examination

Unlike some jurisdictions, the Patent Filing USA does not require a separate request for examination.
Examination begins automatically once fees are paid and formalities are completed.

Publication Process and Legal Impact

US patent applications are generally published:

• 18 months from the earliest priority date, unless non-publication is requested.
  

Legal Impact of Publication

• The applicant gains pre-grant damages rights (after grant) if the infringer had actual notice of the published application.
• Pre-grant damages are allowed under 35 U.S.C. §154(d).
  

Publication also alerts competitors, creates deterrence, and places the invention in the public domain for examination.

Grant Process and Enforceability

When all objections are resolved in Patent Filing USA, the USPTO issues:

• Notice of Allowance
• Applicant pays the issue fee
  

The patent is then granted and published in the USPTO Official Gazette.

Enforceability in the United States

If Patent Filing USA is granted successfully, then a US patent provides:

• Exclusive rights to make, use, sell, offer for sale, or import the invention
• Ability to sue infringers in Federal Courts
• Access to the ITC (International Trade Commission) for fast border enforcement
• Remedies including:
  • Permanent injunction
  • Treble damages (enhanced damages for willful infringement)
  • Attorney’s fees (exceptional cases)
  • Customs enforcement
  • Seizure of infringing goods
    

The US is known for the strongest patent enforcement worldwide, making a US patent extremely valuable commercially, and Patent Filing USA is the best way to protect an invention in USA 

Patent Validity Term

The standard validity term:

• 20 years from the international filing date (PCT filing date)
  

Additional term extensions:

• Patent Term Adjustment (PTA) offsets delays caused by the USPTO.
• Patent Term Extension (PTE) for pharmaceutical and biotech patents is delayed by FDA approval
  • Up to 5 years extension possible

Typical Time to Obtain a Patent

Average timeline:

• 3–5 years (standard)
• 12–18 months (Track One acceleration)
• 1–2 years (PPH)
  

The US offers multiple options to expedite prosecution, making it one of the most flexible major jurisdictions.

Maintenance Fees

USPTO requires maintenance fees at:

• 3.5 years
• 7.5 years
• 11.5 years
  

Failure to pay results in patent lapse, with possible revival within a grace period.

Maintenance costs increase at each stage to reflect growing commercial value.

Official Government Fees of Patent Filing in USA (2025 Schedule – Approx.)

A. Filing Fees (Utility Patent – Large Entity)

Small and micro entity discounts may apply (50% and 75%).

B. Excess Fees

C. Issue Fee

D. Maintenance Fees

Utility Model Protection in the USA

The United States does not offer utility models or short-term patents.
Only utility patents, design patents, and plant patents are available.

Patent Office – Official Website

United States Patent and Trademark Office (USPTO)
Official Website: USPTO

This site provides e-filing resources, fees, manuals, examination guidelines, and case law updates.

Why you can choose the AnalystIP for Patent Filing in USA

AnalystIP delivers comprehensive and results-driven support for Patent Filing USA and National Phase Filings, ensuring strong, enforceable patents in the world’s most competitive innovation market.

Why global clients trust AnalystIP:

• Expert Strategy & Claim Optimization
  We tailor your PCT claims for US patentability standards, particularly for §101 (subject matter eligibility), §103 (obviousness), and §112 (written description) compliance.
• Complete Formalities & Compliance Management
  Our team ensures accurate filing, ADS preparation, inventor declarations, assignments, and IDS filings—preventing costly errors.
• Strong Office Action Responses
  We prepare persuasive, technically solid, and legally grounded responses to USPTO rejections, maximizing chances of allowance.
• Accelerated Examination & PPH
  We identify opportunities to use Track One or PPH to obtain faster grants when commercially advantageous.
• Enforcement-Ready Patent Prosecution
  We prosecute patents with litigation and licensing objectives in mind, ensuring robust and defensible claims.
• Deadline, IDS & Maintenance Tracking
  We track every requirement—from IDS submissions to maintenance fees—ensuring lifetime compliance.
• Transparent, Business-Focused Service
  Clients receive predictable pricing, clear timelines, and continuous updates for efficient global portfolio management.

With AnalystIP, applicants secure powerful, enforceable, and commercially significant patent protection in the United States, the most valuable IP jurisdiction in the world.