US Patent Application Process

Our U.S. federal patent attorneys handle U.S. patents and trademarks for clients. In addition, we assist in the acquisition and management of patents, trademarks, and copyrights. We enable Chinese customers to obtain US patent protection and seize opportunities and markets in the US. Our practices  include patent application, design patent application, patent search, reexamination procedure, invalidation request procedure, assignment, license and patent annuity fee.

US patent application process: (client is in China)

  • Patent applicants must apply for a US patent within one year of applying for a Chinese patent, and provide a notarized and English translation of the Chinese patent.
  • Patent applicants can send application materials to Lei Jiang Law Firm by mail or other means, and we will provide corresponding services according to different requirements of applicants. Our U.S. patent attorneys will pre-search the application materials and inform the applicant based on the results of the pre-search.
  • The patent applicant reaches an agreement with our law firm, formally commission this law firm to apply for a US patent, signs an engagement contract and pays relevant fees.
  • After our law firm receives the engagement contract signed by the patent applicant and related fees, it will start the application process. Patent applicants need to prepare documents and drawings about their inventions for further discussion with lawyers. Our law firm also provides translation and other related services, and the fees are calculated separately.
  • Then, according to the patent specification, our law firm conducts a more comprehensive search for similar patents. According to the search results, our law firm provides detailed patent application scope and other relevant information. The applicant can modify the patent application based on this information, and then our law firm prepares the documents and materials for the patent application.
  • Once the documents are completed, the attorney will submit them to the patent applicant for review. After confirming all the contents, the patent applicant needs to sign the documents, which means that he agrees to submit the application documents to the United States Patent and Trademark Office through our law firm.
  • Our firm immediately submits the application documents to the United States Patent and Trademark Office.
  • The United States Patent and Trademark Office accepts application materials and examines patent application materials. If the requirements for a patent application are met, the USPTO grants a US patent to the patent applicant and issues a US patent certificate. However, this is extremely rare. In most cases, the USPTO will raise doubts about the application, and our law firm will communicate with the patent applicant in a timely manner, make corresponding amendments, narrow the scope of the application, and then send it to the USPTO for review.
  • The entire procedure is carried out in accordance with the Paris Convention. If the applicant wants to apply for a patent in 3 or more countries, our law firm will handle it in accordance with the Patent Cooperation Treaty (PCT) procedure. See the International Patent Application page for details.

For the U.S. patent approval process, please see the U.S. patent approval flowchart.

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