US Patent Filing Services
Protect your invention in one of the world’s largest and most innovative markets. SION works with licensed US patent attorneys to help foreign applicants prepare, file, and prosecute patent applications before the USPTO.
Patent protection in the USA for foreign applicants
The United States remains one of the most attractive jurisdictions for innovators, technology companies, and startups. A US patent can help secure exclusive rights, attract investors, license technologies, and strengthen your competitive position in the global market.
Although many people search for information about “patenting an idea in the USA”, US law protects inventions rather than abstract ideas. If your technical solution meets the patentability requirements, our team can help you obtain patent protection through the United States Patent and Trademark Office (USPTO).
- Licensed US patent attorneys
- Support for foreign applicants
- Software patent experience
- Full USPTO prosecution support
Why file a patent in the United States?
The United States offers access to one of the largest technology markets in the world. Patent protection in the US can increase the commercial value of your innovation and create opportunities for growth.
Benefits:
- Exclusive rights in the US market
- Increased attractiveness to investors
- Licensing and commercialization opportunities
- Strong enforcement mechanisms
- Higher valuation of innovative businesses
- Competitive advantage in negotiations and partnerships
What Can Be Patented in the USA?
US patent law protects specific categories of inventions.
Utility Patents
Protect functional inventions, including:
Manufacturing methods
Devices
Systems
Chemical compositions
Software-related inventions that meet USPTO requirements
Utility patents represent the majority of patent applications filed with the USPTO.
Design Patents
Protect the ornamental appearance of products, including:
Consumer products
Packaging designs
Graphical user interfaces
Industrial products
Plant Patents
Available for new and distinct plant varieties reproduced asexually.
Many entrepreneurs refer to “patenting an idea.” However, abstract ideas, mathematical concepts, and laws of nature cannot be patented in the United States.
Who can apply for a US Patent?
Foreign applicants are eligible to seek patent protection in the United States.
Applications may be filed by:
- individual inventors;
- startups;
- corporations;
- universities;
- research organizations.
Non-US applicants are generally represented by licensed US patent attorneys during the prosecution process.
Ways to obtain Patent Protection in the USA
Use timeline design.
Option 1
National US Patent Application
Direct filing with the USPTO.
Suitable for applicants who wish to enter the US market immediately.
Option 2
Provisional Patent Application
A provisional application establishes an early filing date and allows applicants to use “Patent Pending” status.
Advantages:
– lower initial costs;
– simplified filing requirements;
– 12 months to prepare a non- provisional application.
A provisional application itself does not mature into a patent.
Option 3
PCT National Phase Entry
Applicants who filed an international PCT application may enter the US national phase.
Benefits include:
– additional time to evaluate commercial potential;
– deferred costs;
– coordinated international strategy.
Freedom-to-Operate Search
Evaluates whether commercialization may infringe third-party rights.
- reduce litigation risks;
- plan market entry;
- identify licensing opportunities.
- USPTO databases;
- international patent databases;
- patent landscapes;
- competitor portfolios.
The US Patent Examination Process
Patent search and strategy.
Preparation of specifications and claims.
USPTO filing.
Formal examination.
Office Actions.
USPTO examiners may request clarifications or raise objections.
Our attorneys prepare responses and amendments.
Substantive examination.
Novelty, non-obviousness, and utility are assessed.
Notice of Allowance.
Patent grant.
Patentability Requirements in the USA
To obtain patent protection, an invention must satisfy several requirements.
Novelty
The invention must not have been publicly disclosed before the relevant filing date.
Non-Obviousness
The invention must not be obvious to a person having ordinary skill in the relevant field.
Utility
The invention must have a practical and useful application.
Have a questions?
How long does a US patent last?
| Patent Type | Protection Period |
| Utility Patent | 20 years from the filing date |
| Plant Patent | 20 years from the filing date |
| Design Patent | 15 years from grant |
Certain patent term adjustments may apply.
Patent Maintenance Fees
Utility patents require maintenance fees to remain in force.
Maintenance fees are typically due:
- 3.5 years after grant;
- 7.5 years after grant;
- 11.5 years after grant.
Failure to pay maintenance fees may result in loss of patent rights.
Our team monitors deadlines and assists clients with renewals.
US Patent Filing Costs
| Service | Large Entity | Small Entity | Micro Entity |
| Filing Fee | 300 USD | 150 USD | 75 USD |
| Patent Search | 700 USD | 350 USD | 175 USD |
| Examination | 200–800 USD | Reduced | Reduced |
| Expedited Examination | 4,200 USD | 2,100 USD | 1,050 USD |
Additional fees may apply for:
- excess claims;
- lengthy specifications;
- extensions of time;
- maintenance fees.
Why Choose SION IP?
We help inventors and businesses secure patent protection in the United States through a practical, efficient, and commercially focused approach.
Licensed US Patent Attorneys
Direct cooperation with qualified US patent attorneys experienced in patent prosecution before the USPTO. No unnecessary intermediaries or additional communication layers.
International Applicant Expertise
We regularly assist foreign inventors, startups, and companies seeking patent protection in the United States, including PCT national phase entry and direct USPTO filings.
Software & Technology Focus
Extensive experience with software, AI, telecommunications, data processing, engineering, and other technology-driven inventions that require specialized patent drafting.
Full USPTO Representation
From patent search and application drafting to Office Action responses, maintenance fees, and portfolio management, we support the entire patent lifecycle.
Frequently asked questions
Can foreigners apply for a US patent?
Yes. Foreign individuals and companies can obtain patent protection in the United States. International applicants may file directly with the USPTO or enter the US national phase through a PCT application. In most cases, foreign applicants work with a US patent attorney who represents them before the USPTO and manages the prosecution process.
Can software be patented in the USA?
Yes. Unlike many jurisdictions, the United States allows patent protection for certain software-related inventions. Technologies involving data processing, artificial intelligence, computer-implemented methods, automation systems, and other technical solutions may qualify for patent protection if they meet USPTO patentability requirements.
What is a Provisional Patent Application?
A Provisional Patent Application allows an inventor to secure an early filing date before submitting a full patent application. It provides 12 months to further develop the invention, prepare formal application materials, seek investment, or test the market. During this period, the invention may be marked as “Patent Pending.”
Is a patent search required before filing a US patent application?
No. A patent search is not mandatory for filing a patent application with the USPTO. However, conducting a professional patent search is strongly recommended because it helps identify prior art, evaluate the chances of successful registration, and reduce the risk of refusal during examination.
What is a Freedom-to-Operate (FTO) search?
A Freedom-to-Operate search evaluates whether a product, technology, or process may infringe existing patents owned by third parties. This type of analysis helps companies reduce litigation risks, avoid costly disputes, and make informed decisions before entering the US market.
What happens if I receive an Office Action from the USPTO?
An Office Action is an official communication from a USPTO examiner requesting clarifications, amendments, or additional arguments regarding a patent application. Receiving an Office Action does not mean the application has been rejected. In many cases, the applicant can respond successfully and continue the prosecution process toward grant.
How long does it take to obtain a US patent?
The timeframe depends on the technology field, complexity of the invention, and USPTO workload. In most cases, obtaining a US patent takes between 2 and 4 years. Certain applications may qualify for accelerated examination procedures.
How long is a US patent valid?
A utility patent is generally valid for 20 years from the filing date, while a design patent is protected for 15 years from the date of grant. Maintaining patent rights may require the timely payment of maintenance fees throughout the patent term.
Do I need to maintain my patent after registration?
Yes. Utility patents require maintenance fee payments to keep the patent in force. These fees are typically due 3.5, 7.5, and 11.5 years after the patent is granted. Failure to pay maintenance fees may result in the loss of patent rights.
Can a US patent be sold or licensed?
Yes. A patent is a valuable intellectual property asset that can be assigned, sold, licensed, or used as part of a broader commercialization strategy. Patent owners may generate revenue through licensing agreements, technology transfers, or business partnerships.
Can a patent application be accelerated in the United States?
Yes. The USPTO offers several accelerated examination programs that may significantly reduce the time required to obtain a patent. Eligibility depends on the type of invention and the specific acceleration program selected.
Protect Your Innovation in the United States
Whether you are a startup founder, technology company, or independent inventor, our team can help you develop the right US patent strategy and guide you through every stage of the process.