Patent filing

The United States Patent and Trademark Office (USPTO) is one of the world’s oldest patent agencies. There are two sorts of patent applications that can be filed to get a patent:

  • Provisional: It is a quicker and less expensive way of applying, but it only survives if a standard non-provisional patent application is filed within one year.
  • Non-provisional/Complete: This is the final application on which a patent is awarded after being evaluated by a patent examiner.

In the United States, there are two sorts of patent applications: design patents and utility patents.

Preparing a patent application

The first step in patenting an innovation is to prepare a patent application. Depending on whether it is a design patent or utility patent, there may be different conditions that must be met. However, the standards may be met, and the textual description, claims, and drawings are properly created.

The inventor and the person who may be creating the patent specification should communicate effectively. The patent application should include all necessary information. It should fulfil 112 enablements and the optimum mode for carrying out the invention.

Another critical stage in drafting a patent application is identifying authentic inventors who submit legitimate inventive claims.

Patent Filing

Filing of Non-Provisional Application: Although a non-provisional utility patent application can be filed electronically using the Office’s EFS-Web system, it can also be delivered by U.S. mail or physically to the Office in Alexandria, Virginia. However, if the application is filed by mail or hand delivery, it will incur an additional $400 cost, known as the “non-electronic filing fee,” subject to certain circumstances.

Filing of Provisional Application: A formal patent claim, an oath or declaration, and information disclosure declarations are not required in a Provisional Application because such applications are not reviewed. However, it can be used to create an early effective filing date in a subsequently filed non-provisional patent application. The corresponding non-provisional application must be filed within 12 months after the provisional application filing.

The non-provisional utility patent application shall be submitted in conjunction with transmittal forms and application data sheets. The USPTO issues filing receipts (the United States Patent and Trademark Office).

The patent filing fee may vary depending on the size of the application, claim numbers, whether it is filed on paper or electronically, and if the applicant is a small organisation or a company, among other factors. Small businesses may have their filing expenses cut in half. A tiny entity is defined as an individual, a small corporation (500 or fewer employees), or a non-profit organisation meeting specified criteria. The filing fees for small firms might be in the $1,000 area or $500.

Publication of Patent Applications

After 18 months following the earliest effective filing date or priority date claimed by an application, the application is published. The applicant receives temporary rights upon publication.

Prosecuting application: Examination of Applications and Proceedings in the USPTO

During the examination, the relevant application is checked for patentability and conformity with legal requirements, and if such an application meets the criteria, a patent is issued. During the examination, the Patent Office will issue the Examination Report (FER) / Office Action, which will include a list of objections/requirements that must be addressed within at least two months after the FER’s issuance date. The patent attorney has 6 months from the date of the First Office Action to submit a response. The Patent Examiner will assign a “shortened statutory term” to react, typically three months for an Office Action. The shortened statutory period is the amount of time you have to react without paying a charge. You have up to 6 months to react, but only if you seek and pay for an extension.

After the prosecution is completed, one might accept certain claims that are permitted, all rejected, or all claims that are allowed. In many cases, just a few claims will be accepted, while others will be denied. The “Request for Continuing Examination (RCE)” clause also allows the prosecution to be reopened.


The United States Patent and Trademark Office (USPTO) examines the patentability features of the invention and, if deemed patentable, provides the applicant with a Notice of Allowance. It may include conditions the applicant must meet before the Patent is issued, although these are more formalities than substantive requirements. In response to the approval notice, the applicant completes the necessary procedures and pays the appropriate issue fee. For small entities, the issuing charge is cut in half.


Once the USPTO receives the issue fee, it allocates a patent number to the application, which is then published in the weekly official gazette.


After the Patent is granted, an annuity will be paid for the third year. The Patent is valid for 20 years from the International Filing Date. Maintenance costs do not apply to design patents. Maintenance payments are required for 3.5, 7.5, and 11.5 years after filing the initial patent grant. Small entities have their maintenance/annuity payments cut in half.


Patent services of Brealant

Brealant offers a variety of patent-related services and products. Everything that is required to obtain a patent, manage a patent, protect a patent, and take legal action against an infringer based on a patent is included in the service provision. Brealant, on the other hand, can protect your interests if you are challenged with someone else’s patent.

Our patent attorneys

Brealant has experts on the team in almost every technical subject. You’ll always be able to find someone with the right expertise at Brealant.

Patent protection in all parts of the world

The service is available far beyond the Philippines’ boundaries. Brealant can act on behalf of any party in any country on the globe thanks to our wide international network. We are your partner of choice to protect your interests at home and abroad because of our decades of experience and good reputation.