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Registro de Patentes y Marcas Madrid

Characteristics and Legislation

Register a US Patent

Patent agent in the US

United States Patent

US Patent Register

A US patent can be applied for with priority from a Spanish patent, with priority from a PCT application, or directly in the case of software patents or business method patents.

We filed that patent application in less than 24 hours

In cases where urgent protection is required, a PROVISIONAL PATENT may be applied for; this confers the same rights as a full patent, but with fewer requirements.

In the USA, there is a new amendment to the Patent Act which, although it modifies certain fundamental concepts to bring them more into line with European legislation (first-to-file), does not, in principle, substantially alter the application process, although minor changes may be introduced as the process unfolds.

4 Main Phases

patents in the USA

Application and admission

Once translated, the patent is adapted to US specifications.

In this first stage, it is compulsory to pay the application, search and examination fees. If the applicant company is not a ‘large enterprise’, the application is treated as that of a ‘small entity’, meaning that the fees are significantly reduced.

Within less than six months, they carry out a brief formal review and, if they detect any formal errors, the chief examiner will grant you all the necessary adjustments.

The cost of these modifications is included in the application fee.

Once your application has been accepted for processing, a designated examiner is appointed, who will introduce themselves and provide you with their email address and telephone number.

Exam

The estimated duration of this phase would be between 9 and 18 months.

Approval / Rejection

Payment of maintenance fees

The granted patent is subject to the payment of triennial maintenance fees.

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