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
National US Patent Application
Direct filing with the USPTO.
Suitable for applicants who wish to enter the US market immediately.
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.
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 get a US patent?
Yes. Foreign individuals and companies can get US patent protection. You can file directly with the USPTO or enter the US national phase from an international PCT application. Most foreign applicants work with a US patent attorney who represents them before the USPTO.
Can software be patented in the US?
Yes. Unlike many countries, the US allows patents on some software-related inventions. That includes data processing, AI, computer-implemented methods, automation systems, and other technical solutions, if they meet USPTO requirements.
What’s a provisional patent application?
It locks in an early filing date before you file the full application. You get 12 months to refine the invention, prepare the documents, look for investors, or test the market. During that time you can label the product “Patent Pending.”
Do I need a patent search before filing in the US?
No, it’s not required for filing with the USPTO. But a professional search is strongly recommended. It shows the prior art, helps you judge your chances, and lowers the risk of refusal.
What is a freedom-to-operate (FTO) search?
It checks whether your product, technology, or process could infringe patents already in force. It helps you avoid costly disputes and make an informed decision before entering the US market.
What if I get an Office Action from the USPTO?
An Office Action is an official letter from a USPTO examiner. It raises objections, asks for changes, or asks for more arguments. It doesn’t mean you’re rejected. Often you can respond and keep going.
How long does a US patent take?
It depends on the technology, how complex the invention is, and the USPTO’s workload. Usually 2 to 4 years. Some applications qualify for accelerated examination.
How long is a US patent valid?
A utility patent lasts 20 years from the filing date. A design patent lasts 15 years from the grant date. You also need to pay maintenance fees on time to keep the patent alive.
Do I have to maintain the patent after it’s granted?
Yes. Utility patents need maintenance fees to stay in force. They’re due at 3.5, 7.5, and 11.5 years after grant. Miss them and you can lose the patent.
Can I sell or license a US patent?
Yes. A patent is a valuable asset. You can assign, sell, or license it, or use it in your commercialization strategy. Owners earn money through licensing, technology transfer, and partnerships.
Can I speed up the US patent process?
Yes. The USPTO has several accelerated examination programs that can cut the wait a lot. Eligibility depends on the type of invention and the program you pick.
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.