Patent Filing in the USA from India
United States Patent and Trademark Office · 35 U.S.C. · Paris Convention or PCT national phase
An Indian applicant can seek a US patent at the USPTO by a direct filing within 12 months of the Indian priority date, or by entering the US national phase of a PCT application at 30 months. Indian residents must first satisfy section 39 of the Patents Act, and the US application is prosecuted through a USPTO-registered patent attorney or agent.
- Reviewed by
- Registered Patent Agent
- Last updated
- Source
- USPTO: Patents
- 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.
- 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?
Priority and national phase dates are fixed; examination timing depends on the art unit and on whether prioritized examination is requested.
| Stage | Timing | Notes |
|---|---|---|
| Indian priority filing | Month 0 | Starts the six-week section 39 clock for Indian residents |
| US filing claiming priority | By month 12 | Paris Convention; also the PCT deadline |
| US national phase (PCT) | By month 30 | 35 U.S.C. 371 |
| Publication | About 18 months from priority | Unless a non-publication request applies |
| First office action | Often 12–24 months after filing | Track One aims for a final decision in about 12 months |
| Response to office action | 3 months, extendable to 6 with fees | Statutory maximum of six months |
| Maintenance fees | 3.5, 7.5 and 11.5 years after grant | Grace period of six months with surcharge |
| Term | 20 years from the earliest US non-provisional or PCT filing date | Adjustments may apply |
USPTO fees, including small and micro entity reductions, are listed in the USPTO fee schedule.
What do you need for a US patent application?
At filing
- Specification, claims, abstract and drawings in English
- Application data sheet with inventor and applicant details
- Priority claim: Indian application number and date
- Proof that section 39 was satisfied (Indian filing date or Form 25 permission)
- Power of attorney for the US practitioner
Soon after filing
- Inventor declarations (oath) for each inventor
- Assignment from inventors to the applicant company, recorded at the USPTO
- Certified copy of the Indian priority document, or access through WIPO DAS
- Information disclosure statement listing known prior art
- Entity status evidence for small or micro entity fees
Questions about US patents from India
Can I file a US provisional application from India?
Yes, but an Indian resident needs a foreign filing licence on Form 25 first, unless an Indian application for the same invention was filed at least six weeks earlier with no secrecy direction. Most Indian applicants file the provisional in India instead.
Do I need a US attorney?
Applicants may in principle act for themselves, but only USPTO-registered practitioners can represent others, and US prosecution practice is specialised. We work with registered US attorneys and coordinate them for you.
Can an Indian startup claim small entity status?
Often, yes. Small entity status depends on the size of the applicant and anyone it has licensed or assigned rights to, counting affiliates. Micro entity status has further income limits. We check before filing.
Is a US patent valid in Canada or Mexico?
No. A US patent covers the United States and its territories only. Canada and Mexico need their own filings, usually through the PCT.
How long does a US patent last?
Generally 20 years from the earliest US non-provisional or PCT filing date, subject to maintenance fees at 3.5, 7.5 and 11.5 years after grant and any term adjustment.
Can the same specification be used in India and the USA?
It is the starting point, but US practice differs on claim format, support and eligibility. We review the specification before the 12-month deadline so the US filing does not need new matter later.