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I am from India and want to apply for patent from uspto with or without the help of lawyer whichever can fasten the process.

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For U.S. national filings the USPTO treats all inventors the same regardless of their location or citizenship. That is actually required by international treaty. The goal is for the average time from application submittal to grant to be about three years. There are several ways to accelerate the process. If one of the inventors is very ill or over 65 a free acceleration can be granted. Also, there is prioritized examination which requires an extra payment. –  George White Feb 19 at 19:16

4 Answers 4

The US Patent Office has a Procedure known as both "Track I" and Prioritized Examination. That is currently the most effective way to accelerate through the process. If everything works smoothly, that process takes about 9 months from the day you file your application to the day that the patent issues. The fee for prioritized examination is $2,000 for small entities, $1,000 for micro entities, and $4,000 for large entities.

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Be aware of the law in India (your attorney can help you with that). I vaguely recall that Indian citizens must first file in India before filing in other countries. This is the case with US citizens, I believe. For US citizens, the PTO grants a foreign filing license after you file in the US.

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To file a patent application outiside india directly (meaning the first application filed anywhere in the world on that invention), the inventor (if a citizen of india) needs to get permission from indian patent office using prescribed form 25.

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This does not provide an answer to the question. To critique or request clarification from an author, leave a comment below their post. –  Matthew Haugen Nov 15 at 19:10
    
This does not really answer the question. If you have a different question, you can ask it by clicking Ask Question. You can also add a bounty to draw more attention to this question once you have enough reputation. –  nicael Nov 15 at 19:23
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This answer is an important part of the full answer to the question asked. If the inventor is an Indian citizen, to even legally file a patent application in the US, a foreign filing license (also called a security clearance) is needed from the Indian Patent Office. –  Louis Iselin Nov 18 at 22:38

Firstly, Form 25 (Request for permission for making patent application outside India) has to be filed by the resident of India in the Indian Patent Office before filing the patent application in other countries.

In case of USPTO, different options to expedite the examination process of patent application are Prioritized examination, Accelerated examination, First Action Interview Pilot Program and Patent Prosecution Highway.

  1. Prioritized examination

Additional fee:

Micro entity – USD 1,000
Small entity – USD 2,000
Non-small entity – USD 4,000

Prioritized examination can be availed at the time of filing original utility and plant patent applications. Prioritized examination for newly filed original utility and plant patent application is also known as “Track One Prioritized examination”. On opting for prioritized examination, the patent application would be granted special status during prosecution of the application.

  1. Accelerated examination

Additional fee:

Micro entity – $35
Small entity – $70
Non-small entity – $140

Accelerated examination is one of the procedures established by the USPTO under which examination of a patent application may be accelerated. A grantable petition has to be filed by the applicant to make special under the accelerated examination program to advance an application out of turn for examination.

  1. First Action Interview Pilot Program

Additional fee: None

An applicant has to file a request to participate in the First Action Interview (FAI) Pilot program within six months life of the program and at least one day prior to appearance of first office action on the merits of the application in the Patent Application Information Retrieval (PAIR) system.

  1. Patent Prosecution Highway

Additional fee: None

The Patent Prosecution Highway (PPH) program was established by the participating intellectual property offices to expedite the examination process of a patent application which has been filed in one or more of the participating patent offices. USPTO is a member of Global Patent Prosecution Highway and IP5 PPH program. No additional fee has to be paid for applications seeking accelerated examination under PPH program. A PPH request has to be submitted via EFS-Web.

In furtherance to the above discussed processes for expediting prosecution, a patent application can be made special and patent prosecution can be accelerated on petition to make special based on:

  • The applicant’s age

  • The applicant’s health

  • The invention which enhances the quality of environment

  • The invention that contributes to the development or conservation of energy resources

  • The invention that contributes to counter-terrorism

You may refer to this link to get more insight on different ways to expedite examination of a patent application filed in US http://www.invntree.com/blogs/ways-to-expedite-examination-of-a-patent-application-filed-in-us

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