What Is a US Patent and Who Grants It?
A US patent is a legal right granted by the United States Patent and Trademark Office (USPTO) that gives the patent holder the exclusive right to make, use, sell, and import their invention within the United States for a defined period. Utility patents, which protect functional inventions, last 20 years from the filing date. Design patents last 15 years from the date of grant.
The USPTO is one of the world’s most active patent offices, receiving hundreds of thousands of applications each year. Securing a US patent is a major milestone for inventors and businesses seeking to commercialise their innovations in one of the world’s largest markets.
Types of US Patent Applications
There are two primary types of US patent applications: provisional and non-provisional. A provisional patent application (PPA) is a lower-cost filing that establishes a priority date and gives you 12 months to file a full non-provisional application. It is not examined and does not mature into a granted patent on its own.
A non-provisional utility patent application (NPA) is the formal application that undergoes substantive examination by a USPTO patent examiner. It includes a full specification, patent claims, an abstract, and any required drawings. Most applicants file a provisional application first to secure an early priority date before investing in the full NPA.
Step 1: Conduct a Prior Art Search
Before filing with the USPTO, conducting a comprehensive prior art search is essential. You can search granted US patents and published applications through the USPTO’s Patent Full-Text and Image Database (PatFT and AppFT), as well as Google Patents and Espacenet for international prior art.
A thorough search helps determine whether your invention is novel, identifies the closest existing patents, and informs the scope of claims you can make. If you would like professional assistance, contact ipReNewAl for a prior art search and patentability opinion.
Step 2: Draft Your Patent Application
A US non-provisional patent application must include a written description that enables someone skilled in the field to reproduce the invention, one or more patent claims defining the scope of protection, an abstract, and any drawings necessary to understand the invention.
The claims are the most legally important part of a US patent. Independent claims define the broadest scope of protection, while dependent claims add specific limitations. Poorly drafted claims can leave your invention unprotected or be rejected during examination. ipReNewAl’s patent application drafting service ensures your application is professionally prepared for USPTO submission.
Step 3: File Your Application with the USPTO
US patent applications are filed online through the USPTO’s Electronic Filing System (EFS-Web / Patent Center). Filing fees vary depending on the applicant type — large entities, small entities (companies with fewer than 500 employees), and micro entities each have different fee scales.
As of 2026, basic filing fees for a small entity non-provisional application are approximately $800 USD, with additional fees for search, examination, and excess claims. ipReNewAl’s patent filing service manages the complete filing process, including fee calculation and document preparation.
Step 4: USPTO Examination Process
After filing, your application is assigned to a USPTO patent examiner with expertise in your technology area. The examiner conducts a prior art search and issues an Office Action either allowing or rejecting the claims. Most applications receive at least one rejection, which is a normal part of the process.
You have the opportunity to respond to Office Actions by amending claims, arguing against rejections, or providing additional evidence. This back-and-forth process — known as patent prosecution — typically takes 2 to 3 years, although USPTO’s Track One prioritised examination program can reduce this to under 12 months for an additional fee.
Step 5: Patent Grant, Maintenance, and Renewal
Once all issues are resolved and the examiner allows your application, you pay the issue fee and your patent is granted and published in the USPTO Official Gazette. From the date of grant, you must pay maintenance fees at 3.5, 7.5, and 11.5 years after grant to keep the patent in force.
Failure to pay maintenance fees on time will cause your patent to expire. Learn more about US patent renewal and maintenance fees and how ipReNewAl can manage your USPTO maintenance schedule.
PCT Filing: Extending US Protection Internationally
If you have filed a US application and want international protection, the Patent Cooperation Treaty (PCT) allows you to file a single international application covering over 150 countries. You can enter the PCT national phase in each country within 30 months of your priority date.
Alternatively, if you are filing internationally first, a PCT application preserves your right to enter the US national phase within 30 months of the priority date. ipReNewAl can advise on the most cost-effective route for securing both US and international patent protection.
How ipReNewAl Can Help With Your US Patent
Filing a US patent is a complex process that requires technical precision and legal expertise. ipReNewAl provides comprehensive support for US patent applicants at every stage of the process, from drafting and filing through to USPTO prosecution and maintenance fee management.
- Patent Application Drafting Service — professionally drafted claims and specifications
- Patent Filing Service — complete filing with the USPTO
- US Patent and Trademark Renewal Service — maintenance fee tracking and payment
- Contact us for a free consultation and quote
