United StatesServices Trademarks & IPPatent filing coordination

Trademarks & IP

Patent filing coordination for US businesses

Provisional to nonprovisional, Track One where speed matters — the disclosure file and deadlines organised for the registered practitioner who prosecutes.

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What is patent filing coordination?

Provisional to nonprovisional, Track One where speed matters — the disclosure file and deadlines organised for the registered practitioner who prosecutes.

Since July 20, 2026, every foreign-domiciled patent applicant or owner filing at the USPTO must be represented by a USPTO-registered patent practitioner — a patent attorney or patent agent who has separately passed the USPTO patent bar exam (37 CFR Part 11). That rule mirrors what has applied to trademarks since 2019, but the bar is higher: a patent practitioner's registration is technical, exam-gated, and distinct from an ordinary state law license. For an India-headquartered founder patenting something built here for a US market, this is not a formality to route around — it decides who can touch the file at every stage from disclosure through issuance.

A US utility patent almost always starts as a provisional application: a detailed written disclosure of the invention, filed to lock in a priority date, that does not require formal claims and is never examined on its own. It buys twelve months. Inside that window the applicant has to decide whether the invention is still worth pursuing and, if so, convert to a nonprovisional application — the one with formal claims, drawings, and a specification that an examiner actually reviews against prior art. Miss the twelve-month window and the provisional simply lapses; there is no grace period and no reviving a lost priority date after the fact.

Who does what

All US patent matters for foreign-domiciled applicants run through a USPTO-registered practitioner (rule effective July 2026); CapEasy organises the disclosure file, art references and deadlines behind them.

Who does what

Your CapEasy teamPatent filing coordination, the reconciliations and reporting behind it, and the questions list that keeps it honest.
Your CPA or enrolled agentEverything that carries a licence in United States — rendered exactly as written: issue compilation, review or audit reports — those are restricted to licensed cpa firms.
YouOne conversation with one named person, and the decisions that are genuinely yours.

Patent filing coordination in United States

The July 2026 rule is a hard gate for every foreign-domiciled applicant, no exceptions

Effective July 20, 2026 (37 CFR Part 11, per the Federal Register rule finalized in March 2026), a foreign-domiciled patent applicant or owner must be represented by a USPTO-registered patent practitioner in any USPTO patent matter. This extends the 2019 foreign-applicant rule that already applied to trademarks, but a patent practitioner's registration requires passing the separate USPTO patent bar exam — an ordinary US law license does not qualify someone to sign or file a patent application. CapEasy, as an India-based advisory firm with no US patent-bar registration, organizes the disclosure and prosecutes nothing; every filing and every signature on Patent Center comes from the registered practitioner of record.

A provisional application buys exactly twelve months, with no extension

Filing a provisional application secures a priority filing date and starts 'Patent Pending' status the same day, without requiring formal claims or triggering examination. That priority date is only preserved if a nonprovisional application claiming it is filed within twelve months — miss that window and the provisional simply lapses, with no grace period and no way to revive the original filing date afterward. We track this deadline in the client file the moment a provisional is filed, because it is the single most common way founders lose a priority date they already paid for.

The nonprovisional has to be filed in DOCX, or it carries a format surcharge

Since January 17, 2024, USPTO applies a surcharge — $430 large entity / $172 small entity / $86 micro entity — to nonprovisional utility filings where the specification, claims, and abstract are not submitted in DOCX format via Patent Center. A PDF-only filing is still accepted, but it costs more for no benefit. We organize the disclosure content in a form the registered practitioner can turn into a compliant DOCX filing without a late scramble to reformat.

Track One is a real expedite, but it only works at or after nonprovisional filing

Track One Prioritized Examination costs $4,515 (large entity), $1,806 (small entity), or $903 (micro entity) as of June 1, 2026, on top of standard filing/search/examination fees, and it is not available for a provisional-only filing — it has to be requested at, or shortly after, the nonprovisional is filed. In exchange, USPTO targets a first Office Action within roughly two to three months and final disposition within about a year, against a standard queue that commonly runs well over a year to the first Office Action alone. Whether Track One is worth the fee is a decision to make at the intake stage, not after the nonprovisional has already been sitting in the standard queue.

What your CPA or enrolled agent receives from us

  • A completed invention-disclosure interview: what the invention is, how it works, what problem it solves, and every variation or embodiment the founder can describe.
  • A prior-art reference list — every patent, publication, product, or public disclosure the founder already knows about that resembles the invention, organized so the practitioner can run their own search from a real starting point.
  • A timeline document tracking the provisional filing date, the twelve-month nonprovisional conversion deadline, and (once filed) the Office Action response deadlines as they issue.
  • The disclosure content organized into the sections a DOCX nonprovisional filing needs — background, summary, detailed description, drawing descriptions — ready for the practitioner to turn into a formal specification and claims.
  • A drawing reference set: sketches, CAD files, or annotated photos of the invention, formatted as closely as possible to what the practitioner's drafter will need for formal patent drawings.
  • A decision memo at intake on provisional-first versus straight-to-nonprovisional, and on whether Track One is worth requesting, based on the founder's actual timeline and budget — flagged to the practitioner before filing, not after.

Questions worth asking before you start

Who actually does the work — a person or an AI tool?

A named person on our team owns your file and reviews everything that leaves it. Software does a real share of the grinding underneath it — coding, matching, flagging the obvious gaps — but nothing regulated happens without a person’s judgement, and nothing here is signed or filed by an algorithm.

Who can legally file this?

All US patent matters for foreign-domiciled applicants run through a USPTO-registered practitioner (rule effective July 2026); CapEasy organises the disclosure file, art references and deadlines behind them.

Which software do you work in?

Whatever you already run. Most commonly QuickBooks, Xero, NetSuite, Sage, Zoho Books and a handful of others — we work inside your system rather than moving you onto one of our own.

How does this actually start?

A short, free read-only look at what you already have, and a written note on what we found. A scoping call decides the size of the engagement — nothing here commits you to anything.

What does it cost?

There is no published price for patent filing coordination — it depends on volume, how many entities are involved, and how far behind the books are. We quote after the read-only review, which is free.

How does this fit with the rest of trademarks & ip?

Patent filing coordination sits inside trademarks & ip, alongside Trademark search & registration, Trademark office action response, Trademark renewal (§8 & §9). Most clients end up buying the category as a whole rather than one leaf at a time, but starting narrow is fine.

Can CapEasy file our patent application directly with the USPTO?

No. Since July 20, 2026, every foreign-domiciled applicant must be represented by a USPTO-registered patent practitioner — a patent attorney or agent who has passed the separate USPTO patent bar exam. We organize the disclosure, prior art, and deadlines; the registered practitioner drafts the claims, files, and prosecutes.

What's the difference between a provisional and a nonprovisional patent application?

A provisional is a detailed written disclosure that locks in a priority filing date without formal claims and is never examined on its own — it simply buys twelve months. A nonprovisional has formal claims, drawings, and a specification, and it's the one an examiner actually reviews. Most applications file a provisional first to secure the date cheaply, then convert to nonprovisional within the twelve-month window.

What happens if we miss the twelve-month deadline to convert our provisional?

The provisional simply lapses, and the priority date is gone — there is no grace period and no way to revive it. If the invention is later refiled, it gets a new, later priority date, which matters if anyone else has filed on something similar in the meantime. We calendar this deadline the day the provisional is filed for exactly this reason.

What is Track One and is it worth paying for?

Track One Prioritized Examination is a real, purchasable expedite — $4,515 large entity / $1,806 small entity / $903 micro entity as of June 1, 2026 — that targets a first Office Action in about two to three months and final disposition in roughly a year, versus a standard queue that commonly runs well over a year to the first Office Action alone. It only applies at or after nonprovisional filing, not on a provisional. Whether it's worth the fee depends on how much the timeline matters to your business; we'll flag the tradeoff at intake so the practitioner can size the request against your actual filing.

What do you actually do if CapEasy can't file the patent itself?

We run the invention-disclosure interview, organize the prior art you already know about, track every deadline from the provisional's twelve-month window through post-grant maintenance fees, and assemble the file — drawings, background, description — into the shape the registered practitioner needs to draft claims and file in Patent Center without starting from a blank page.

Why does a nonprovisional filing need to be in DOCX format specifically?

Since January 17, 2024, USPTO applies a format surcharge to nonprovisional utility filings whose specification, claims, and abstract aren't submitted in DOCX through Patent Center — a PDF filing is still accepted but costs more for the same result. We prepare the disclosure content in a DOCX-ready structure from the start so the practitioner's filing avoids the surcharge.

How long does a granted US utility patent last, and does it need ongoing maintenance?

Twenty years from the earliest nonprovisional filing date, but only if maintenance fees are paid at the 3.5-, 7.5-, and 11.5-year marks after grant. Missing one of those can let the patent lapse before the twenty years are up. We calendar all three dates once a patent issues.

What if we get an Office Action rejecting our application?

Most nonprovisional applications receive at least one Office Action citing prior art or other grounds for rejection — it's a normal part of prosecution, not necessarily a dead end. We organize the cited references and rejection grounds into the file so the registered practitioner's response time goes into strategy — amending claims, arguing over the art, or filing a Request for Continued Examination — rather than reconstructing the record.

Do we need to file a provisional first, or can we go straight to nonprovisional?

Either path is legitimate. A provisional is cheaper upfront and buys time to test the invention's viability before committing to full claims and drawings, but it adds a step and a deadline. Filing straight to nonprovisional skips that, at higher upfront cost and drafting effort. We flag the tradeoff explicitly at intake based on your timeline and budget so the practitioner drafts around a decision you've actually made.

Does the July 2026 rule apply to design patents too, or only utility patents?

It applies to both — the foreign-domiciled practitioner requirement covers all US patent matters, design and utility alike. Design patent coordination is handled as its own service since the process and drawings requirements differ from a utility filing; this leaf covers utility patents specifically.

What access or information do you need from us to start?

A description of the invention in your own words is the starting point — how it works, what problem it solves, and any variations you're aware of — plus anything you already know about similar existing products or patents. We turn that into the structured disclosure file the practitioner drafts from; nothing about the invention needs to be pre-formatted before you talk to us.

Your CapEasy experts

Connect with us

Talk to the people who handle this work every day — no call centre, no hand-offs.

Ayush Joshi

Ayush Joshi

Co-Founder

Ex-OYO and Tenaciousfly. 7+ years in business development, strategic acquisitions, financing and debt syndication.

Aditya Jain

Aditya Jain

Co-Founder

Ex-Bank of America. 4+ years in investment banking, EU & Indian compliances, ESG compliances, and project management.

Manav Raval

Virtual CFO & Tax Specialist

Section 80-IAC, tax planning and startup compliance. Previously at Toyota Motor Corporation and Jaguar Land Rover.

Ayush Faldu

Virtual CFO & Tax Specialist

Financial strategy, budgeting and cash flow — a CFO’s judgement, monthly.

Start with a look at the actual file.

Read-only access and a written note on what we found. Free, and the fastest way to know whether we are useful to you.

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