• Patent fees

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

• Term for filing a patent application in the US

The term for filing an application claiming priority of a provisional or conventional application is 12 months from the priority date. Applications filed after expiration of the 12-month period can have the right of priority restored if the delay in filing the subsequent application was unintentional. In the case of late filing, the application claiming priority must be filed within two months of the expiration of the 12 month period, accompanied by a request and appropriate fee.  

• Filing requirements in the US for a non-provisional patent application

The official language of the US patent application is English. When filing a non-provisional patent application, it must be submitted in the English language or be accompanied by a translation in the English language, a statement that the translation is accurate, and have payment of the corresponding filing fee. If the translation, statement and filing fee are not submitted at the time of filing, a notice and time period will be given to submit the missing item(s).

To obtain the date of filing, a patent application in the US should contain:

- specification (containing a description and at least one claim; 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 the 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).

If the priority is claimed, a certified copy of the Priority Document must be filed within later of four months from the filing date of the application, or sixteen months from the filing date of the prior foreign application. If not in the English language, a translation may be required for establishing the right of priority.

Legalisation of the signed 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 US.

• Examination of a patent application in the US

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.

• 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.

• Novelty grace period

In the USA, the novelty grace period constitutes 12 months before the US filing date or before the priority date, if:
- the disclosure was made by the inventor or by a person who obtained the information from the inventor (directly or indirectly);
- the disclosure occurs after a public disclosure of the same invention by the parties set forth above.

• Grant, validity term and maintenance fees

The official issue fee for a patent in the USA should be paid within 3 months from the mailing of the Notice of Allowance. Annual fees are due at years 3.5, 7.5 and 11.5 from the patent issue date and may be paid within a 5-month period preceding the due date without a surcharge. Late payment with a surcharge is possible within 6 months after the expiry of the period set forth above. Early payment is not available. A patent in the USA is valid for twenty years from the U.S. filing date.

• Duration of registration procedure

It takes an average of 32 months from filing to granting of a patent in the USA.

• Utility Model

Utility model protection is not available under the legislation of the USA.

• Representation by a patent attorney

For foreign patent applicants, it is recommended to perform patent prosecution in the US through a US registered patent attorney or agent.

•  Note

Online Search Database for US Patents.

Brief summary is based on the information provided by Soroker, Agmon, Nordman on 19.02.2024
Please contact us if the above information is not in conformity with the U.S. IP Laws.