Get US Patents Filed and Issued Affordably
Are you looking to secure intellectual property rights by obtaining a US patent? At Genius Patent we have a success rate of over 90% in getting claims approved and patents issued for our clients. Whether you are an independent inventor or a large corporation, whether this is your first US patent filing or you are adding to an extensive patent portfolio, Genius Patent will prove an invaluable team member in securing your most valuable asset.
Jurisdiction of Non-Provisional US Patents
US patent applications are filed with the USPTO and are applicable in the United States only. However, this would apply to manufacturing and selling as well. Therefore, if something is manufactured in the US and sold somewhere else, or if it is manufactured somewhere else and sold in the US, it would still be covered under US patent law.
National Stage Entry, How Foreign Patents Get US Patent Protection
Another type of US patent is called a national stage entry. This is where you have previously filed either a PCT application or in other patent filing in foreign jurisdictions. Typically there is a certain period of time (usually 12 months) that you will have to apply for protection in the US. For example if someone has already filed in Europe and they would like to seek a US patent as well, they can move it into the US in a few ways. A National Stage Entry is where you simply take the foreign application and make sure it is formatted in English for the United States and file it with the USPTO. That will give you a first filing date similar to filing a provisional patent application. You will still have to submit a complete non-provisional patent application and go through successful prosecution, however the first filing date will become the effective date of your intellectual property rights when your patent is eventually issued.
Filing with the United States Patent Office
All of the following filings can be submitted to the United States Patent Office:
- Provisional Patent
- National Stage Entries
- Foreign PCT (Patent Cooperation Treaty)
- Non-Provisional Patent
The first three applications listed above are simply placeholders that secure an effective filing date. It is critically important that the information in these applications is well aligned with the claims of your non-provisional patent once it is filed, however only the non-provisional patent application will ever be examined by the USPTO when determining patentability and approval of claims. Only the non-provisional patent is capable of actually providing you with defensible intellectual property rights.
The US Patent Application Process
- Once you become a client an attorney from Genius Patent with the most applicable expertise in your field will be assigned to your case. We will conduct an interview and discovery. This may require interviews, document submittal, demonstration and whatever other steps are necessary to clearly communicate the details that will be critical to getting your a US patent issued.
- Once we have all of the pertinent details of your invention, we will create the draft specification and documents, including written description, claims, creating drawings and several rounds of back and forth until you approve the application for submittal.
- Once you have approved the invention specifications, we will finalize all of the documentation immediately and submit your US patent application electronically to the USPTO. When this happens an application number will be assigned along with a filing date for the receipt of the documents and this will become the effective date for your intellectual property rights once the patent is issued.
- Typically it will take the United States Patent Office 2-3 years before any substantive actions are taken on an application (unless you pay the USPTO extra fees to speed up the prosecution). However, once you hear back from the USPTO about your application the process begins to move fairly quickly.
- The US patent examiner will get back to you accepting or rejecting all or specific claims. At this point we will have an opportunity to interview the examiner, discuss the basis for any rejected claims, discuss possible claim amendments and the resubmit an amended application through an office action. You are allowed up to 3 office actions.
- Once a USPTO examiner approves your claims the patent will be issued! Typically this entire process takes 3-5 years from start to finish.
- If the USPTO examiner does not approve your patent claims after 3 office actions, you then have the option to file an appeal. Genius Patent has never lost in the appeals process. Therefore, for cases that go this far, Genius Patent has a 100% success rate of getting the patent issued.
What Is The Term For US Patent Protection?
The term is typically 20 years from the date of your application.
How Much Does It Cost To Get US Patents?
At Genius Patent we make every attempt to keep costs low and to help inventors like you secure the intellectual property rights that will be key to growing a successful business. Therefore we pride ourselves on affordable rates and the best quality of service you will get from a patent law office.
|Service||Genius Patent Fee||USPTO Small Entity Fee||USPTO Micro Entity Fee|
|Non-Provisional Patent Application (Basic)||$3,500||$730||$400|
|Non-Provisional Patent Application (Standard)||$5,500||$730||$400|
|Non-Provisional Patent Application (Premier)||$6,875||$730||$400|
|PCT Application (with US app)||$1,500||$3,500||$2,500|
|U.S. National Stage Entry (review/prep/file)||$1,500||$730||$400|
|U.S. National Stage Entry (w/ claim updates)||$2,000||$730||$400|
The US Is Now A First To File Country, So ACT NOW!
Unlike most of the world, historically the United States was a “first to invent” country. That meant that as long as you could prove you invented something first, it was possible to obtain patent rights even if someone else filed a patent application covering your invention before you did. However, US patent law has changed and the United States is now a “first to file” country. Therefore, the first person to file a patent will have priority in obtaining the intellectual property rights to that invention.
This means that, more than ever before, it is imperative that an inventor files at least a provisional application before discussing, sharing, building or selling their invention. If you tell someone about your great idea and they go home and file a provisional patent, they will have priority rights. Let’s not take that chance with your brilliance. Contact Genius Patent right now and let us get you the protection you deserve.