US patent application

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Release time:2016-07-21

1.Categories of U.S. Patents:

1. Invention patent (utility patent)

An invention for which a patent is filed must have some function or utility value. The maintenance fee shall be paid for the third and a half years, seven and a half years and eleven and a half years from the date of registration, respectively, for a total of three times. It needs to be reviewed directly, and after approval, a certificate of registration will be issued and announced at the same time.

2. Design patent

The invention for which a design patent is applied must be specific to the product and be novel and non-obvious, and in order to be protected by a patent, the design must be decorative and some parts of the article must have a shape that is not entirely determined by function. No annual fee is required.

3, plant patent (plant patent)

The invention of the plant patent application must be a plant that has been cultivated through sexual reproduction or sexual reproduction, and is novel and non-obvious. A single plant can only have one patent.

 

2. United States patent application method:

 

Differences

PCT International Applications

Paris Convention Application

Patent protection content

Invention and utility model patent

Invention, utility model, design patent

patent protection mode

Patent Cooperation Multi-country Contracting

patent application priority

Scope of validity of application

Broad, all PCT member states

Single or few countries

Application for National Phase Submission Limit

Long, within 30 months of the first filing of the patent application.

Short, within 6 months of the date of the first filing of the application, within 12 months of the invention or utility model.

Application Method

A table of many countries, convenient and labor-saving

One table one country, apply separately

Payment Method

Only the international phase fee is paid to the receiving office and the national phase is paid separately.

Payment of patent application fees to the patent offices of all countries requiring patent protection

Application risk

Small, long assessment time, can be appropriately allocated to people, things and financial resources.

Larger, short evaluation time, once the judgment is wrong or not authorized, the cost loss is larger.

Requirements for application documents

Application materials available in native language

Application materials need to be in the specified language

Review method

Provide international search report and written opinion reference, and decide whether to enter the country after evaluation.

National Normal Process

Time required for authorization

Long time, strong controllability

time is relatively short

Difficult degree of authorization

After the adoption of the international phase, the national phase is easier.

Strict, National Normal Procedures

Fees and benefits

Additional fees, with government grants; fees for PCT national phase applications in some countries are lower than for regular applications

Normal costs, with government subsidies

 

Conditions of 3. U.S. Patents

   The conditions for granting U.S. invention patents are generally similar to those for Chinese invention patents, mainly involving the following:

Protection Theme

   The subject of protection belongs to the object of protection of the invention patent. The United States has relatively few restrictions on the object of patent protection, and computer program products, business methods, etc. can be protected objects.

Novelty

   Inventions are"New", that is, not disclosed by prior art or conflicting applications before the date of its effective application.

Non-Obvious

   Inventions are relative to existing technologies."Not obvious.

Uniqueness

   A patent application protects an invention.

Cannot duplicate authorization

   Only one patent can be granted for the same invention.

full public

   The disclosure of the specification of the patent application should enable one skilled in the art to make and use the invention, and should disclose the best mode of the invention.

clarity and other conditions

   The specification shall contain a complete, clear, concise and accurate written description of the invention itself and the manner and process by which the invention is made and used.

 

 

Application and Examination of Invention Patents in the United States of 4.

   The application and examination process of invention patents in the United States is roughly the same as that in China. Including the application of the submission, acceptance, preliminary examination, public, substantive examination, examination of the notice of acceptance and reply, the final authorization or rejection and other steps. However, the details of the documents that need to be submitted in the process of applying for a U.S. patent, the form of the notice of examination opinions, and the way of reply and processing are different from those of our country.

1. Documents to be submitted for application

   Complete application documents are the key to being able to pass the first instance of patent examination, and the documents required to be submitted are different for different ways of application.

1>PCT pathway

Application Form: The subject of the invention must be filled in the application form,PCT application date, application number, applicant or inventor's English name/name, address and zip code, agency and other information.

Application Documents: SubmittedThe English translation of the international publication of the PCT; the English translation of the amended claims under the PCT (if any); the English translation of the international preliminary examination report and the application documents amended under the PCT (if any).