U.S. Patent Prosecution Services for European Applicants

Transparent Pricing

We believe clients should understand the cost of patent prosecution before work begins. For many common prosecution tasks, we offer predictable fixed-fee pricing.

U.S. National Stage Filing (35
U.S.C. § 371)

$500 USD — AddyHart professional fee only; USPTO and third-party costs are separate

Assistance with U.S. national stage entry from international (PCT) applications, including preparation and filing of required documents.

Read: Choosing Between a § 371 National Stage and a Bypass Continuation in U.S. PCT Practice

Examiner Interviews

$250 USD

Direct engagement with USPTO examiners to clarify issues, advance prosecution, and improve the path toward allowance.

Read: The Global Examiner Interview: Communication, Commitment, and File-History Risk Across the USPTO, EPO, JPO, Korean, and Chinese Patent Offices

Ministerial Tasks

$0 USD — AddyHart professional fee only; USPTO and third-party costs are separate

Including issue fee payments, Requests for Continued Examination (RCEs), and similar administrative filings.

Read: Lean Patent Operations: Jidoka, Automation, and AI in Patent-Prosecution Workflows

Office Action Responses

$1,250 USD

Substantive responses to USPTO Office Actions addressing patentability, eligibility, and examination issues.

Read: Same Office Action, Different Stakes: Responding to USPTO Office Actions in Ex Parte Reexamination and Ordinary Patent Prosecution

Restriction Responses

$250 USD

Strategic responses to USPTO restriction requirements, including election of inventions and preservation of future filing opportunities.

Read: Restriction Requirements as Substantive Limiters: Lessons from Focus Products v. Kartri

Standard Office Action Turnaround

No Additional Rush Fee

We target delivery of draft Office Action responses within two weeks after receiving the USPTO communication and the information needed to prepare the response.

Any applicable USPTO extension-of-time fees remain the client’s responsibility.

Read: The Three-Month Date Is a Backstop, Not a Filing Target

Continuation Application Drafting

$500 USD

Preparation and filing of continuation applications to preserve strategic claim opportunities, maintain pending application families, and support long-term U.S. patent portfolio development.

Read: Keeping the Family Open: U.S. Continuation Practice Compared with Europe, China, Korea, and Japan

Information Disclosure Statements

$0 USD — AddyHart professional fee only; USPTO and third-party costs are separate

Preparation and filing of routine Information Disclosure Statements (IDSs).

Read: Candor Without Capitulation: The Philosophical Case for Filing an Information Disclosure Statement

Ex Parte Appeals to the PTAB

$3,500 USD

Preparation and presentation of an ex parte appeal from an adverse examiner decision, including the Appeal Brief, Reply Brief, and oral argument within the agreed scope.

AddyHart professional fee; applicable USPTO fees are separate.

Read: Patent Prosecution Appeals in Translation: Comparing USPTO PTAB Appeals and JPO Appeals Against Examiner Refusals

Technology Focus Areas

Our attorneys regularly prosecute patent applications across a broad range of technologies, including medical devices, artificial intelligence and software, semiconductors, consumer products, and other complex engineering innovations. Learn more about our experience and approach in each technology area through the resources below.

AI & Software IP

Tailored U.S. patent prosecution services for software and artificial intelligence innovators, including patent eligibility strategy, application drafting, Office Action responses, and portfolio development.

Semiconductor IP

Tailored U.S. patent drafting and prosecution services for semiconductor technologies, including integrated circuits, fabrication processes, packaging, memory architectures, processors, and electronic systems.

Medical Device IP

Tailored intellectual property strategies for medical device innovators, including patent drafting, U.S. patent prosecution, FDA-related strategy, and portfolio development.

Consumer Goods IP

Strategic patent protection for consumer products, from mechanical devices and household goods to connected products and emerging technologies, with an emphasis on commercially valuable innovations.

Language Preferences

Office Action reporting, prosecution recommendations, billing, and routine correspondence are generally provided in English. Where appropriate, we can also support multilingual communication to facilitate coordination with European applicants and foreign associates.

Operational Excellence

Successful U.S. patent prosecution depends on more than substantive legal analysis—it also requires disciplined operational processes. Our Enterprise Patent Operations model provides structured workflows for invention intake, prosecution management, reporting, budgeting, portfolio coordination, and communication, enabling us to integrate efficiently with foreign associates and sophisticated in-house patent teams.

Thought Leadership & Prosecution Insights

Patent law evolves constantly. We regularly publish articles analyzing developments in patent eligibility, USPTO examination practice, Federal Circuit decisions, and patent portfolio strategy.

Recent articles relevant to European applicants include:

Bayh–Dole Across Borders: Government-funded inventions in the United States, EU/Horizon Europe, Germany, Japan, China, and South Korea—organized by coverage, allocation, and continuing public constraints, China, and South Korea—organized by coverage, allocation, and continuing

Brandon Theiss

Small Entity Status Does Not Travel: Patent-Fee Relief at the EPO, JPO, Korean MOIP, and CNIPA

Brandon Theiss

One Design, Two Regimes: U.S. and EU Design Protection After LKQ

Brandon Theiss

Cross-Field Prior Art and Hindsight: U.S. Analogous-Art Doctrine and the EPO Problem-Solution Approach

Brandon Theiss

The Global Examiner Interview: Communication, Commitment, and File-History Risk Across the USPTO, EPO, JPO, Korean, and Chinese Patent Offices

Brandon Theiss

Relevant Team

The professionals below advise European applicants and associates on U.S. national-stage entry, USPTO prosecution, and coordination with broader European and international portfolios.

Brandon R. Theiss

Partner · Registered Patent Attorney · Licensed Professional Engineer

A licensed professional engineer and former industrial-control and medical-device engineer, Brandon advises on patent prosecution, § 101 strategy, portfolio development, and post-grant proceedings involving AI, software, cloud systems, medical devices, and automation.

Tom J. Filarski

Senior Counsel · Registered Patent Attorney · Chemist & Chemical Engineer

A chemist and chemical engineer with four decades of experience, Tom develops and coordinates patent strategies for medical devices, pharmaceuticals, chemicals, polymers, semiconductors, energy technologies, and manufacturing systems.

Michael K. Kelly

Partner · Registered Patent Attorney · Electrical & Industrial Engineering

An electrical and industrial engineer with more than 30 years of experience, Michael has prosecuted hundreds of applications and coordinated patent protection across Europe and Asia for semiconductors, aerospace systems, medical devices, software, and cloud technologies.

Heather King (Allebach)

Paralegal Lead · Patent & Litigation Operations

Heather coordinates portfolio onboarding, USPTO filing formalities, client reporting, foreign correspondence, requests for instructions, portfolio transitions, and implementation of client-specific prosecution procedures.

Get In Touch

For inquiries regarding U.S. patent prosecution and other U.S. patent matters, please contact us at europe@divergentpatentlaw.com