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Q1. Term required for filing a patent application in USA?
The term for filing an application claiming priority of a provisional or conventional application is 12 months from the priority date. Applications filed after expiration of the 12-month period can have the right of priority restored if the delay in filing the subsequent application was unintentional. In the case of late filing, the application claiming priority must be filed within two months of the expiration of the 12 month period, accompanied by a request and appropriate fee.
Q2. What is the Duration of Patents of USA ?
In the United States, under current patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed (excluding provisional applications).
Q3. What are the Filing requirements in USA?
The official language of the U.S. patent application is English. If the international application is filed in any other foreign language, the English translation thereof must be provided after the filing and in response to an Official Notification that will specify the period of time allowed, usually two months from the date of the notice. A further extension is also possible on condition that the corresponding fees are paid.
To obtain the date of filing, a PCT national phase patent application in the US should contain:
- copy of the international application, unless previously communicated by the International Bureau (should include translation if the international application is not in English);
- executed oath or declaration (may be submitted after 30-month deadline);
- national fee;
- Information Disclosure Statement (prior art details).
Legalisation of the Power of Attorney is not required. There is no set deadline for submitting a POA when entering the U.S. national stage of a PCT application.
Q4. How to examine a USA patent application?
A request for substantive examination is not necessary; it occurs simultaneously with entering the U.S. PCT national phase. It is possible to request an accelerated examination under PPH.