Underwood & Associates U.S. & International Patent Protection

U.S. Patent Filing for Applicants from India

Indian applicants have a practical advantage most foreign filers do not: your application is almost certainly already in English. No translation, no translation cost, no translation timeline. That makes the U.S. leg of an Indian filing strategy one of the simplest there is.

Since July 20, 2026, the USPTO requires applicants domiciled outside the U.S. to be represented by a registered U.S. patent practitioner. What the rule means for your filings

From your Indian application to a U.S. filing

  • PCT national stage. International applications from Indian applicants, with the Indian Patent Office or WIPO as receiving office, enter the U.S. by the 30-month date. Filed in English, they can typically be entered as-is.
  • Direct U.S. filing under the Paris Convention. A U.S. non-provisional claiming priority to your Indian application within the 12-month priority year.
  • U.S. provisional first. Some India-based startups begin with a U.S. provisional application to establish a priority date while fundraising; the flat rate covers provisional filings too.

Our fee is a flat $750 through the official filing receipt: inventor declaration, power of attorney, assignment recordation, information disclosure statement, and the filing included. Complete cost breakdown with current USPTO fees

Filing abroad from India: the Section 39 permission

Indian residents filing outside India first need permission from the Indian Patent Office under Section 39 of the Patents Act, unless an Indian application was filed at least six weeks earlier. This is a home-country requirement handled by your Indian counsel; for the usual sequence of an Indian or PCT filing first and the U.S. second, it is already satisfied. Where a U.S.-first filing is contemplated, we coordinate timing with your Indian firm so neither side's requirements are compromised.

Entity status: many Indian applicants qualify for reduced USPTO fees

USPTO fee discounts do not depend on nationality. Indian startups, individual inventors, universities, and companies under 500 employees (counting affiliates) typically qualify as small entities, and some qualify as micro entities, cutting the USPTO's fees by 60% or 80%. Determining your correct status is included in the flat rate. See what each status pays

Working with Indian patent firms

We act as U.S. associate for Indian IP firms: your client remains your client; we handle signing, filing, and prosecution before the USPTO and report each action to you. India's working day ends as ours begins; instructions sent by your evening are often filed the same U.S. business day.

Initiate a filing request or contact us with your application number and deadline.