How to apply for a U.S. patent? What are the application paths?

China accounted for 84% of the world's total patent filing activity, with the United States Patent and Trademark Office (USPTO) registering 605,571 new applications, only growing. The benefits of applying for a U.S. patent have been listed in previous articles, but many people are more concerned about how to apply for a U.S. patent? What are the application paths?

Let's introduce the intellectual property rights of Bajie. How to apply for a U.S. patent? What are the application paths?

How to apply for a U.S. patent? What are the application paths? There are three avenues for filing a U.S. patent application:

1. Apply for a patent directly in the United States (you need to do a confidentiality review in advance with the Chinese Patent Office, and you can apply for a patent directly in the United States after passing the confidentiality review); 2. Apply for a patent in the United States through the Paris Convention (within 12 months from the priority date); 3. Apply for a patent in the United States through the PCT Patent Cooperation Treaty (within 30 months from the priority date). U.S. patent application fees: U.S. patent application fees are generally more expensive than those charged in other countries, and the official fees for U.S. invention patent applications are currently $1,310 for large entities and half of those for large entities; U.S. Patent Attorney Fees, of which U.S. Patentee Fees range from $200 to $700 per hour, and a total fee can also be determined; The fee of the Chinese patent ** agency is generally about 5,000 per piece; Generally speaking, an average U.S. invention patent costs $6,000-$8,000.

In terms of fee reduction, the U.S. patent policy has a fee reduction policy for individual applications and small entity applications (with less than 500 employees), mainly for small and medium-sized enterprises, which is conducive to supporting small and medium-sized enterprises and reducing the burden on enterprises. How to apply for a U.S. patent? What are the application paths?

When applying for a U.S. patent, there are more ways to apply for a U.S. patent than a domestic patent, and there are generally two ways to choose from when applying for a U.S. patent, according to the U.S. patent application route and the required documents, the previous application is an invention and a new invention model, and the application route is the Paris Convention route and the Patent Cooperation Treaty (PCT) route.

1. Paris Convention approach: After filing a patent application in China, if you file a patent application with the U.S. Intellectual Property Office before the expiration of 12 months from the first prior patent filing date (i.e., the priority date), you can enjoy priority treatment, and you need to submit priority documents. Documents and information required for application:

1) Application documents: including description, claims, drawings of the description, abstract, and drawings of the abstract; (2) Application information: name, address and zip code of the applicant and inventor in Chinese and English, country of application, contact person, etc.;

3) Priority information.

4) Power of attorney;

2. Patent Cooperation Treaty (PCT) Route: PCT is the English abbreviation of the Patent Cooperation Treaty, which is an international treaty on patent applications. According to the provisions of the PCT, the applicant can file an international application through the PCT route, designating to apply for a patent in almost all countries in the world, that is, to file an international PCT application with the China National Intellectual Property Office within 12 months from the filing date (priority date) of the earlier application in China, and to file an application for entry with the United States Intellectual Property Office within 30 months from the priority date.

There are two types of channels for filing a U.S. invention patent application in China:

1) PCT Channel: PCT international application is filed first, and then national phase entry, and PCT national phase entry designates the United States.

Filing a patent priority in the U.S. through the PCT Patent Cooperation Treaty can take up to 30 months.

2) Paris Convention channel: apply for a patent directly with the U.S. Patent Office, but still need to entrust a local U.S. patent agency;

There are only 12 months to apply for patent priority in the United States through the Paris Convention.

Application path: Design patent: direct application, Paris Convention.

If you apply for a U.S. design patent through the Paris Convention, you can enjoy a priority of 6 months.

Invention patents: direct application, Paris Convention, PCT patent contract.

If you apply for a U.S. invention patent through the Paris Convention, you can enjoy 12 months of priority.

Patent priority in the U.S. can be filed for up to 30 months under the PCT Patent Cooperation Treaty.

Regardless of whether the PCT enters the national phase to designate the United States or the Paris Convention, it is still necessary to entrust the local patent agency in the United States;

1.Apply directly for a patent in the U.S. (you need to do a confidentiality review in advance with the Chinese Patent Office, and after passing the confidentiality review, you can directly apply for a patent in the U.S., if the patent does not need to be applied for in China in the future, you can directly file a U.S. application without passing confidentiality);

2.There are only 12 months to apply for patent priority in the United States through the Paris Convention. If the 12-month priority date is missed, you can re-enter the U.S. within two months by filing a request for restoration and paying an additional fee;

3.Filing a patent priority in the U.S. through the PCT Patent Cooperation Treaty can take up to 30 months. If you miss the 30-month priority date, you can also re-enter the U.S. by filing a request for restoration and paying an additional fee.

With the continuous development of social economy, in real life, we will encounter a variety of problems, especially for the question of under which circumstances we can apply for a US patent, but also let each of us express very doubts, in fact, we must understand that to apply for a patent in the United States, we must meet these three conditions, and only under these three conditions and these three circumstances, can we help us apply for a patent in the United States, and the three conditions are that the patent produced by ourselves must have an objective, As for the three conditions of inventiveness and novelty, the required documents are the same as most of the documents in Japan, and it is necessary to submit the corresponding design drawings and related personal information.

First of all, we must understand a situation, that is, we must meet these three conditions, that is, we must meet these three conditions before we can apply for the relevant patent. That is, we must meet the three conditions of protected subject matter, novelty, inventive step, etc., before we can apply for the relevant patent in the United States. Because it is not expressly stipulated in your law, any invention or discovery of a novel and practical method, a machine product, a combination of substances, or a new use of an already known substance, or a further improvement of a prior art, is the subject matter of protection for a period of 20 years.

In other words, if you want to apply for a patent in the United States, then the patented invention must meet the novelty, that is to say, there must be a lot of novelty, of course, attraction is important, but in the United States, creativity is also very important, if the patent of the invention is not inventive, then it is impossible to get an application. As long as we meet the above 3 points, we can apply for relevant patented inventions in the United States, and we only need to prepare relevant materials in the application process, that is, including some documents we need.

To sum up, we can obviously know that only if we meet these three conditions can we apply for relevant patents in the United States, and at the same time, the materials to be prepared only need to ask the relevant staff to prepare, and in the process of preparing the materials, we must also know that the judicial process in the United States is very complex, so it is necessary to be early.

As long as the conditions for filing a U.S. patent regulation are met, a U.S. patent can be filed. When applying for a U.S. patent, you need to prepare patent description materials, proof of personal identity, and patent application fee.

If you meet the relevant conditions and requirements, and have sufficient funds and business license, then you can apply for a U.S. patent, and you also need to provide personal identification and a copy, business license, one inch**, application**, etc.

It is practical and novel, and it is also non-obvious to be able to apply for a U.S. patent, and it is necessary to provide personal identification, an official application for the patent, and if it is a business application, it is also necessary to submit the business license of the enterprise.

If you want to apply for an invention patent in the United States, you need the applicant's name, basic information, patent category and title, and then apply for it with the relevant local authorities.