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US Patents

How to get a U.S. Patent

Being one of the largest markets for technology, investment and products, the United States is a key market for many European businesses. NLO’s in-house team of U.S. patent attorneys and agents are able to help ensure that the United States is not simply an afterthought.

Our U.S. patent attorneys will help you with the following steps:

Step 1: Is your invention patentable in the U.S.?
We can conduct a patentability search to analyse whether a similar invention has already been disclosed.

Step 2: What kind of patent do you need — utility or design?
A utility patent protects the function, composition or structure of your invention. A design patent protects the ornamental and non-functional aesthetics of your product.

Step 3: Does your application meet the requirements for patentability in the U.S.?
If your application doesn’t meet the requirements, your examiner will explain the reason(s) in an office action. Once your application is in satisfactory condition and meets the requirements for patentability in the U.S., you will receive a notice of allowance.

Step 4: Maintain your patent
Maintenance fees are required to maintain your patent in force beyond 4, 8 and 12 years after the issue date. We can send you timely reminders and pay the maintenance fees so your patent will not lapse.

Step 5: Watch the marketplace
It is important to maintain a watchful eye on the marketplace, and we can help by monitoring the patent rights of competitors or determining if another party may be infringing your patent.

What about product clearance?
Freedom to Operate (FTO) analysis identifies and analyses the patents of competitors that may subject you to patent infringement liability. FTO analysis before (or during) developing and launching a new product can help you understand the risks in the market and make informed decisions to avoid or mitigate those risks at an early stage.

We invite you to check out Catherine, Tamara, and Kate’s experience, and contact NLO’s U.S. Practice today to see what we can do for you.

Visit our U.S. patent services page