In the United States, patent applications are processed by the United States Patent and Trademark Office. Learn more about the United States Patent and Trademark Office.
What is the USPTO?
TheUSPTO is the office responsible for matters concerning the protection of inventions and trademarks. It is the USPTO that decides whether or not to grant a patent in the United States. In a way, the USPTO is the equivalent of the INPI.
If you choose the international procedure (PCT or Patent Cooperation Treaty) to file a patent application in several countries at the same time, only the USPTO issues a patent for the US territory. Even if you have obtained your patent in France, and also in Germany for example, this in no way guarantees that it will be granted in the USA. The PCT is not equivalent to an international patent application, since there is no such thing as a worldwide patent.
The USPTO offers a wide range of documentary resources in an open-access digital database. You can consult patents filed in the United States. Whether you’re looking for information to support your R&D work, or for general knowledge, this is a real goldmine!
- Consult the USPTO website
The provisional patent, a British speciality coming to France
A provisional patent makes it easier to protect an invention. You get priority and can talk freely about your invention without fear of losing patentability.
Read: 3 stupid mistakes that make an invention unpatentable
Information on the PACTE Act
The entry into force of the PACTE law in April 2019 includes the introduction of the provisional patent in France. INPI will introduce this French provisional patent in the coming months. This new procedure will make it easier for small businesses to protect their industrial property.
Updated on 21/01/2020:
Decree no. 2020-15 of January 8, 2020 integrates the conditions for bringing a provisional patent application into conformity, or transforming it into a utility certificate application. A provisional patent application is a less costly procedure. It makes it possible to establish date and anteriority, with a simplified procedure and content. This provision fulfils the aim of the PACTE Act to make it easier for start-ups, small businesses, the self-employed and researchers to protect their innovations. If converted into a utility certificate application, the protection granted would be for 10 years, compared with 20 years for a patent.
“” The declaration of priority claimed in the context of a patent application filed in the form of a provisional application shall be deemed to constitute a request for compliance or, where expressly indicated by the declarant, a request for conversion into a utility certificate application, pursuant to the first paragraph of Article R. 612-3-2.”;”
Did you know?Companies with fewer than 1,000 employees benefit from low patenting costs!
Expanding into the United States
Filing for and obtaining a patent in the United States is an attractive option for companies seeking to expand internationally. As an industrial property title is only valid in the country where it is granted, having a patent in France does not guarantee you the same opportunities on the American market.
Worse still, a player in the United States may well have applied for and obtained a patent for an equivalent invention before you. If you decide afterwards to market your service or product based on this invention there, you won’t be able to do so without negotiatinga license. And that’s even if your French patent predates the U.S. patent!
Patent registration should therefore be taken into account in your market study, also as a strategic procedure. Make sure you have free rein to develop your activities in a given territory.
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How much does a patent cost in the United States?
Applying directly for a patent abroad, and the PCT, have distinct costs. They are not the same procedure! Calling the PCT an “international patent” is shorthand for a procedure that involves several countries at the same time. Filing a PCT costs around €4,000 incl. VAT.
However, if you are certain that you only want a patent in France and the USA, then it is likely to be cheaper for you to apply directly rather than go through a PCT!
To fully understand the cost of different formalities in different countries, use the free YesMyPatent calculator. In just a few clicks, we’ll simulate the exact budget you’ll need to protect your invention in the United States.
