PCT NATIONAL PHASE ENTRY
United States of America

Examining the importance of patents reveals that innovations emerging from the United States have a significant impact and enjoy notable commercial success. Annually, more than 330,000 patents are granted in the U.S., showcasing a robust innovation environment. This success is attributed to the nation's sizable economy, sophisticated patent system, and the benefits offered by the U.S. Patent and Trademark Office (USPTO). The USPTO empowers inventors by facilitating thorough protection for their inventions and designs, leading to the attainment of highly valuable patents upon approval of their applications. United States of America joined the Patent Cooperation Treaty as a contracting member on January 24, 1978.

The major requirements and procedures to file a patent application in the United States of America are mentioned below:

The designated period for submitting a patent application in United States of America under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

The designated language for U.S. patent applications is English. In the event that an international application is submitted in a language other than English, it is necessary to furnish an English translation subsequent to the filing. This should be done in response to an Official Notification, which will stipulate the allotted time period for compliance.

The translation into English can be submitted subsequent to the patent application filing and in reply to an Official Notification. This notification will outline the permitted timeframe, typically extending up to two months from the date of the notice.

The necessary documents needed for submitting a national phase application are:

• Power of Attorney
• Declaration
• Assignment Deed: statement providing justification for the applicant's entitlement to the patent when the applicant is not the inventor.
• Information Disclosure Statement: The IDS should be submitted within three months after completing the actions to enter the national phase.

The fee assessment at the United States Patent Office adheres to a classification system based on the applicant's categorization as either a Micro, Small, or Large Entity. Notably, the fee for Micro Entities is set at a 50% reduction compared to that of Small Entities, and the fee for Small Entities, in turn, carries a 50% reduction relative to that applicable to Large Entities. 

There is no need for a separate request for substantive examination; it happens automatically upon entering the PCT national phase. In the event that the applicant submits the basic national fee and provides a copy of the international application within the specified timeframe for entering the national phase but neglects to pay the examination fee, a notice is issued. This notice establishes a deadline for the applicant to remit the examination fee. The applicant is allowed to pay the examination fee within this timeframe, contingent upon the payment of an additional surcharge fee.

Patent Prosecution Highway Program under the PCT

The Patent Prosecution Highway (PPH) accelerates the examination process for related applications submitted in participating intellectual property offices. 

PPH makes use of faster examination methods that are already being used by certain patent offices. This helps applicants to get a final decision on their patent application more quickly and efficiently compared to the regular examination process.

PCT-PPH is part of several collaborative efforts. Various bilateral agreements have been established among patent offices to encourage work sharing, allowing patent applicants to seek expedited processing in the national phase. In this phase, patent examiners can utilize work products from other offices. These work products may encompass:

• The thoughts put down by the International Searching Authority,
• The thoughts written by the International Preliminary Examining Authority, or
• The report from the international preliminary examination under the PCT framework, but with specific conditions.

United States Patent and Trademark Office has established PCT-PPH agreements with the following patent office:

• Brazil (BR): National Institute of Industrial Property (INPI)

Renewal fees for the patent are required at 3.5, 7.5, and 11.5 years from the issue date. These fees can be paid within a 5-month period before the due date without facing additional charges. If payment is made within 6 months after the specified period, a surcharge will be applicable. 

The United States patent remains valid for a period of 20 years. The law lets the applicant ask for a temporary extension of the patent term if the patent is going to expire before the product gets approval. The applicant can request a temporary extension if the patent term, for which an extension is being asked, is about to expire. To request an extension of a patent term, the owner or their representative must submit an application to the USPTO within 60 days from the date the product received approval for commercial marketing or use under the relevant regulatory review period.

The United States of America secures an impressive 2nd place among the 132 economies highlighted in the GII 2022, marking a notable rise from its 2021 ranking of 3. Additionally, the USA holds the 2nd position among the 48 high-income group economies and proudly claims the top spot among the 2 economies in Northern America. This reflects the country's continued excellence and advancement in the global innovation landscape.

This remarkable nation secures the second position globally for its outstanding total patent applications, clinching the top spot for abroad applications. Surpassing all, it proudly holds the first rank for PCT National Phase Entries, exemplifying its unwavering commitment to innovation. Notably, its unparalleled standing in the world economic ranking solidifies its position as a global powerhouse of creativity and economic prowess, where it stands first in place.