US Patent Application Process
Patent systems the world over are similar except in the USA. In the USA, the application must always be filed in the name of the inventors, but can be assigned to a company at the time of filing.
As in the UK, a US provisional application can be followed one year later by formal “utility” patent application. For inventions that are likely to have a significant market in the US, it can be useful to file informal applications both in the UK and in the US, claiming priority from both in a formal application. This ensures an early date of conception and “constructive reduction practice” in the USA, considerations which are important should there ever be a dispute as to who invented first and is entitled to a patent.
Another wanted difference with the UK and indeed every other country is that the US has a grace period for the filing of an application within one year of the disclosure, publication or sale of a product by the patent applicant. Thus in the US a patent can be valid even if its invention has been produced and sold in the US, provided that the application is made within one year of the sale.
On application for a US patent, publications (usually patents) liable to be considered prejudicial must be disclosed.
One grant of a US application a issue fee must be paid before the application will be granted.
After grant renewal fees are paid but irregular intervals, namely 3 ½, 7 ½, and 11 ½ years from grant.
The Typical Costs for a US Patent Application can be found here.
