Introduction
Protect your invention in the global market by filing a US patent from India. A US patent grants exclusive rights, boosting your innovation’s value and appeal to investors. This guide explains the process, costs, and strategies to help Indian inventors navigate the US Patent and Trademark Office (USPTO) system confidently.

Why File a US Patent from India?
Securing a US patent offers Indian innovators:

• Global Market Protection: Safeguard your invention in the world’s largest technology market.
• Higher Commercial Value: Increase your product or business valuation with a US patent.
• Investor Appeal: Attract investors who value strong intellectual property.
• Prevent Unauthorized Use: Stop others from commercially exploiting your invention.

Step-by-Step Guide to Filing a US Patent from India

Step 1: Confirm Your Invention’s Eligibility
Ensure your invention meets USPTO requirements:

• Novelty: Your invention must be new and not publicly disclosed.
• Non-Obviousness: It should offer a significant improvement over existing technology.
• Usefulness: The invention must have a practical application.
  For example, a new software algorithm or a unique medical device may qualify.

Step 2: Perform a Patent Search
Search existing patents to confirm your invention’s uniqueness. Use:

• USPTO Patent Database (free online tool).
• Google Patents (user-friendly search platform).
• Professional patent search services (for thorough results).
  A comprehensive search prevents costly rejections due to prior art.

Step 3: Select the Right Patent Type
Choose the patent that fits your invention:

• Utility Patent: Protects new processes, machines, or compositions (e.g., a new engine design).
• Design Patent: Covers a product’s unique appearance (e.g., a smartphone’s shape).
• Plant Patent: Applies to new plant varieties (rare for most applicants).
  Most Indian inventors pursue utility or design patents.

Step 4: File a Provisional or Non-Provisional Application

• Provisional Patent Application (PPA): File a PPA to secure an early filing date. It costs less ($80-$160 for small entities) and gives you 12 months to refine your invention. You must file a non-provisional application within this period.
• Non-Provisional Patent Application (NPA): Submit a complete application with detailed claims, drawings, and specifications to start the examination process.

Also Read: How to File a Patent: A Step-by-Step Guide

Step 5: Engage a Patent Attorney or Agent
Hire a patent attorney or agent to draft your application and navigate legal complexities. They ensure accurate claims and handle USPTO communications, increasing approval chances.

Step 6: Pay the Required Fees
Patent costs depend on your entity size (small and micro entities get discounts). USPTO fees change periodically. Check the USPTO Fee Schedule to ensure accurate filing fees.

• USPTO Filing Fees: $65-$325 (PPA or NPA).
• USPTO Search fees: $154-770 (NPA).
• Examination Fees: $176-$880 (NPA).
• Attorney Fees: $2,000-$10,000 (varies by invention complexity).
• Maintenance Fees: $430-$8280 at 3.5, 7.5, and 11.5 years (utility patents).
  Micro-entities (e.g., individual inventors with low income) receive further discounts.

Step 7: Respond to USPTO Office Actions
The USPTO may issue objections or request clarifications. Respond promptly (within 3-6 months) with your attorney’s help to keep your application active.

Step 8: Secure and Maintain Your Patent
Upon approval, utility patents last 20 years, and design patents last 15 years. Pay maintenance fees at 3.5, 7.5, and 11.5 years to keep your utility patent active.

Key Tips for Success

• File Early: The USPTO prioritizes the first applicant under the first-to-file rule.
• Draft Strong Claims: Clearly define your invention’s scope to maximize protection.
• Hire Experts: Work with a patent attorney for better outcomes.
• Explore International Protection: File a Patent Cooperation Treaty (PCT) application to seek patents in multiple countries simultaneously.
• Stay Informed: Monitor changes in US patent laws to ensure compliance.

Conclusion
Filing a US patent from India opens doors to global opportunities. By following these steps, conducting thorough research, and seeking professional guidance, Indian inventors can protect their innovations effectively. Start your patent journey today to secure your place in the US market.

At PatnTech, we specialize in assisting Indian innovators in securing US patents efficiently. To learn more about how we can help with your patent filing journey, visit PatnTech.