Patent Filing in USA


The United States of America is one of the biggest hubs of innovation in the world. Below, you’ll find a quick guide on filing procedures, routes, and fees for Patent Filing in USA.

Patent Filing in USA
Patent Filing in USA

Patent Filing in USA – The Routes

If you wish to file a patent in USA, you can use one of the following routes:

1.     Filing with the United States Patents and Trademarks Office (USPTO)

2.     International Filing via Patent Cooperation Treaty (PCT)

3.     International Filing via Paris Convention

  • The Paris Convention is similar to PCT. Hence, it allows for simultaneous multi-country filing.
  • Paris Convention has 177 Contracting States and is also administered by WIPO.
  • However, the granting of a patent in the US remains under the control of the USPTO.
  • The Paris convention offers a relatively faster route as compared to the PCT and it is more economical.

Patent Filing in USA: Requirements

The complete set of documents must include the following information:

  • Utility Patent Application Transmittal Form or Transmittal Letter
  • Background of the invention (for disclosure of material to patentability)
  • A description and a claim or claims
  • Drawings, nucleotide, and amino acid sequence listing, large tables or computer listings when necessary
  • An oath or declaration
  • The prescribed filing, search, and examination fees

Patent Filing in USA: Options

You can file your application offline with the USPTO or use the e-filing system.

Offline Filing

You can mail your application at the following address:

Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

E-filing

Whatever patent application you have to file, use EFS-Web. It is the USPTO’s electronic filing system for patent applications. It is also used for any official correspondence with the USPTO via the Internet.

Patent Fees: Overview

Type of Fees Standard FeeSmall Entity Fee Micro Entity Fee
Basic filing fee – Utility (paper filing also
requires non-electronic filing fee under 1.16(t))
$300.00 $150.00 $75.00
Basic filing fee – Utility (electronic filing for small entities) n/a $75.00 n/a
Provisional application filing fee $280.00 $140.00 $70.00
Non-electronic filing fee — Utility (additional fee for applications filed in paper) $400.00 $200.00 $200.00

To know more, visit the USPTO Fee Schedule.


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