Under what condition can an applicant file a patent application in the U.S.?

An applicant can file a patent application in the U.S. at any time, provided the invention is novel. The U.S. patent system allows for the filing of a patent application before the invention is commercialized or publicly disclosed, as long as the application meets the novelty requirement set forth in 35 U.S.C. § 102. Novelty means that the invention must be new and not publicly known or used before the patent application is filed.

In fact, it is often advisable for inventors to file for a patent before disclosing the invention publicly or commercializing it to avoid jeopardizing their ability to secure patent protection. By filing based on the invention's novelty, applicants can protect their intellectual property effectively and pursue commercialization subsequently.

Other scenarios, like the requirement of sufficient funds or commercialization before filing, are not necessary conditions for filing a patent application. Thus, the ability to file at any time with a focus on the novelty of the invention is a fundamental aspect of the U.S. patent system.