US patent divisional applications with a direct point of contact in Munich
You have already filed a patent application for your invention – for example, with the German Patent and Trade Mark Office or the European Patent Office. You now wish to obtain patent protection on the US market as well.
Pearl Cohen supports businesses and individuals with this next step. We review the existing documentation, prepare the US subsequent application and act as your representative before the United States Patent and Trademark Office (USPTO).
Your direct point of contact is based at our Munich office. You will discuss technical matters, the next steps and the costs with us in German.
Schützt eine deutsche oder europäische Patentanmeldung meine Erfindung auch in den USA?
A German or European patent application does not, in itself, confer patent protection in the USA. A separate US procedure is required for this. Depending on the circumstances, options include filing a direct US application claiming priority or entering the US national phase of a PCT application. Pearl Cohen will guide you in selecting and implementing the most suitable approach. [1][2]
When filing a follow-on application in the US, a number of practical questions arise: What is the deadline? Can the existing documents be used? What amendments are advisable? And who will handle communication with the US Patent and Trademark Office?
We will clarify these points with you and coordinate the necessary steps. You can instruct us immediately. If a patent consultancy is already handling your German or European application, we will coordinate our work with them if you so wish.
We will review your initial application, the priority data and, where applicable, any PCT documents. On this basis, we will determine the most appropriate route for the USA and the deadlines to be met.
For technical inventions, the standard priority period is generally twelve months from the relevant first filing date. Where a PCT application has been filed in good time, the time limit for entering the US national phase is generally 30 months from the priority date. We will check which time limit applies to your case on the basis of the specific documents. [1][2]
Please contact our Munich office. We will discuss with you the appropriate application procedure, the documents required and the cost involved.
We review the description, claims and drawings from the perspective of US practice. We prepare the required English-language versions and formal documents, or coordinate their preparation.
In doing so, we take into account that amendments and additions may affect the priority protection claimed.
Our patent agents, who are registered with the USPTO, will file the application and handle all procedural correspondence. We will take care of the necessary formalities and explain to you what information, signatures or decisions we require from you.
Our support continues after the submission. We explain the audit reports, assess the auditor’s objections and agree on a response strategy with you.
You will receive clear advice on the potential scope of cover and the next steps to take.
You can contact your point of contact in Germany and discuss any queries you may have during German business hours. Coordination will be carried out in German; we will handle any necessary communication with the USPTO in English.
For us, a trusting working relationship means that you understand the status of your application and are able to make decisions based on clear information.
Before you commission us, we will discuss the scope of the work and the estimated costs. We make a distinction between our fees, official charges and any translations or other external services that may be required.
We also factor in the potential costs of the subsequent audit process when drawing up our plans. We explain any additional measures, outlining their purpose and the expected costs involved. This helps you keep track of your budget.
Partner · STEM Practice Group
Your contact in Munich
Partner · STEM Practice Group
Your contact in Munich
Please contact our Munich office. We will discuss with you the appropriate application procedure, the documents required and the cost involved.
Your direct point of contact is based at our Munich office. You will discuss technical matters, the next steps and the costs with us in German.
No. The US divisional application may be filed on the basis of the earlier application. The key factors are, in particular, the priority requirements and time limits – not the earlier grant.
Yes. We work directly with businesses and private individuals. It is also possible to work with us via your current patent attorney’s firm.
We assess this on a case-by-case basis. A literal translation alone does not always take into account the specific characteristics of US practice. We will discuss any appropriate adjustments with you.
It is helpful to provide the application number, the filing date, the complete application documents and, where applicable, any PCT documents. Please also let us know of any deadlines you are aware of and the current status of the proceedings.
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