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USPTO filings for Indian inventors

Patent Filing in the USA from India

United States Patent and Trademark Office · 35 U.S.C. · Paris Convention or PCT national phase

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Registered Patent Agent
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  • US-ready specification. Claims and description reviewed for US practice before the 12-month deadline.
  • Entity status checked. Small or micro entity status reduces USPTO fees where you qualify.
  • US practitioner coordinated. We instruct the registered US attorney and remain your point of contact.

Speak to our international desk

Send your priority date and a short summary. Written advice on the US route within one working day.

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USAt a glance
Patent filing in the USA
Office
USPTO
Paris deadline
12 months from priority
PCT national phase
30 months
Examination
Automatic; Track One optional
Term
20 years from filing

Which route to a US patent suits an Indian applicant?

There are three practical routes, all of which start from your Indian priority date.

  • Paris Convention filing. A US non-provisional application filed within 12 months of the Indian application, claiming its priority. It suits applicants for whom the USA is certain and who want examination to start early.
  • PCT national phase. If you filed a PCT application, you enter the US national phase under 35 U.S.C. 371 by 30 months from priority. It defers US costs and gives you an international search report first.
  • Bypass continuation. A US application filed as a continuation of the PCT application rather than a 371 entry. It can be useful when you want to amend or add claims early, and we advise case by case.

Before any of these, an applicant resident in India must have filed in India at least six weeks earlier with no secrecy direction, or hold written permission under section 39. US law adds its own requirement for inventions made in the USA, which matters for teams split between the two countries.

Examination in the USA

There is no separate request for examination. Applications are taken up in turn, and the first office action often arrives a year or two after filing, depending on the technology. Prioritized examination (Track One) is available for an extra fee, with the USPTO aiming for a final decision within about 12 months.

Every applicant and practitioner owes the USPTO a duty of candour: known prior art material to patentability, including references cited in the Indian, PCT or European searches, must be disclosed in an information disclosure statement. We keep the US attorney supplied with every citation from related cases.

Software and business-method inventions

US law excludes abstract ideas from patent eligibility, and software claims are tested under the Alice framework. A claim that ties the software to a specific technical improvement fares better. Indian law has its own, different exclusion for computer programs per se, so a claim set that works in India may need rewriting for the USA.

What are the key US patent deadlines and timings?

What are the key US patent deadlines and timings?
StageTimingNotes
Indian priority filing
US filing claiming priority
US national phase (PCT)
Publication
First office action
Response to office action
Maintenance fees
Term

What do you need for a US patent application?

At filing

Soon after filing

Questions about US patents from India

Can I file a US provisional application from India?
Do I need a US attorney?
Can an Indian startup claim small entity status?
Is a US patent valid in Canada or Mexico?
How long does a US patent last?
Can the same specification be used in India and the USA?

Official sources

  1. 1.USPTO: Patents
  2. 2.USPTO: Fee schedule
  3. 3.WIPO: PCT national phase time limits
  4. 4.Patents Act, 1970, as amended to 1 Aug 2024 (IP India)
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