Many companies, particularly technology start-ups, are particularly interested in the American market. In such cases, getting patent protection in the USA is crucial.

The USA is a member of the Paris Convention, therefore US patent applications can claim priority of an Austrian or European patent application. A US patent application can also be filed in German language; an English translation will have to be filed later, though.

The USA is also a member state of the PCT. Therefore, US patent applications can also be filed as a national phase of a PCT application within 30 months after the priority date.

In addition, a so-called provisional patent application can be filed in the US at low cost. Such a provisional patent application is a temporary application that will not be examined nor published, but only serves to secure an official filing date for the invention. Within twelve months of the filing date, a regular non-provisional application has to be filed, otherwise the right to the patent lapses.

We regularly file provisional and non-provisional patents in the USA and attend to the procedure up to grant together with our US colleagues. Contact us if you need patent protection in the USA!

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