Introduction to the U.S. design patent application route and required documents

The United States is a member of the Paris Convention and a member of the PCT, so applying for a patent in the United States can apply for a patent directly in the United States through the Paris Convention, or you can apply for a patent in the United States through a PCT application. The following is an introduction to the U.S. design patent application path and required documents. Introduction to the U.S. Design Patent Application Pathway and Required DocumentsIntroduction to the U.S. Design Patent Application Pathway and Required Documents 1

Paris Convention pathways: 2Patent Cooperation Treaty (PCT) Pathway:

Routes and required documents for filing a design patent: including the Paris Convention route and the direct filing route to the United States. Paris Convention Pathway:

After filing a patent application in China, if you file a patent application with the United States Patent and Trademark Office for the same subject matter before the expiration of 6 months from the first earlier patent filing date (i.e., the priority date), you can enjoy the priority treatment and need to submit priority documents. Materials to be prepared and information to be provided: 1) Application information:

Name, address and zip code of the applicant and inventor in English and Chinese, country of application, contact person, etc.; 2) Design**or**: The applicant shall submit a three-dimensional view (drawing) and a six-sided view (i.e., the main view, the back view, the left view, the right view, the top view and the bottom view), and the size ratio of the six views must be the same. You can submit a reference view if necessary.

3) a brief description of the design; 4) If priority is claimed, the notice of acceptance of the earlier application and the priority certificate of the earlier application must also be provided. 5) Statement of small-scale entity (if the applicant is an individual, or an SME with less than 500 employees, or a non-profit organization); 6) Affidavit and Power of Attorney. If you have more questions about U.S. patent applications, you can continue to pay attention to Bajie Intellectual Property, or contact us.

Hello, there are two types of design patent application process in the United States, one is the normal application, and the other is the accelerated examination channel.

Normal application 1, entrusted application materials collation: 7 working days to complete the submission;

2. Notice of acceptance: about 15 days;

3. Patent examination period: 12-16 months;

4. Authorization. It takes about 12-18 months to submit the certificate.

Speed up the review channel 1, the entrustment of the application materials collation: 7 working days to complete the submission;

2. Notice of acceptance: about 15 days;

3. Patent examination period: about 6 months;

4. Authorization. Examination notice: The approximate time is about 6 months.

Information to be prepared:1Personal information of the applicant and designer, if the applicant is a natural person, the applicant's identity document, nationality, address, etc. need to be provided; If the applicant is a company, a valid certificate of incorporation is also required.

2. The name of the design patent.

3. Design description and related **, product six-sided view + three-dimensional view (STP format 3D drawing);

4. If the patent is authorized in another country, it is also necessary to provide the patent documents of other countries.

1. After the application, the acceptance notice will be issued within 3-6 months, and it will take about 2-3 years from application to authorization (in case of success).

2. Examination system: substantive examination system.

3. Priority claim:

1) An application for claiming priority is filed within 6 months from the filing date of the first application in another country.

2) The priority can be claimed within 4 months from the filing date or within 16 months from the priority date.

4. Patent term: 14 years from the date of issuance.

5. Patent maintenance fee: no maintenance fee is required.

1. Prepare the documents required for the application, and the application documents for the U.S. design mainly include: the information of the design applicant, the description, ** or **, the inventor's affidavit and the power of attorney.

2. Filing an application, under normal circumstances, to apply for a U.S. design, you need to file an application with the United States Patent and Trademark Office (USPTO), and when the USPTO receives a complete design patent application and filing fee, it will assign an application number and a filing date.

3. Examination, classification according to the United States Design Classification Table, and the examiner of the United States Patent and Trademark Office conducts substantive examination of the application. 4. The United States Patent and Trademark Office will make a decision on the application, and for the application that meets the requirements, the patent right will be granted, and if the application does not meet the requirements, it will issue a notice of office action.

The basic process is as follows:1Preparation of application documents 2

Filing an application with the United States Patent and Trademark Office (USPTO) 3The U.S. Patent and Trademark Office issues Acknowledgment of Acknowledgment 4The U.S. Patent and Trademark Office issues a Notice of Acceptance 5

The United States Patent and Trademark Office conducts substantive examination of a design patent application 6If the USPTO finds that the application is defective, it will issue a notice of reasons for action, to which the applicant must answer 7If the USPTO examines the application without finding a reason for rejection, or if the applicant's reply successfully convinces the examiner, a notice of grant is issued to the applicant (in the case of a notice of refusal in the absence of a notice of refusal, the time is approximately 15-18 months after filing the application) 8

The applicant must pay the authorization fee and complete the authorization procedures within the prescribed time limit (within 3 months from the date of mailing of the authorization notice)9Deliver a certificate.

Duration of design patent protection in the United States: 15 years from the date of grant.

1. Prepare application documents.

2. Submit an application to the United States Patent and Trademark Office.

3. The U.S. Patent and Trademark Office issues a receipt of acceptance.

4. The U.S. Patent and Trademark Office issues a notice of acceptance.

5. The United States Patent and Trademark Office conducts substantive examination of the design patent application.

6. If the USPTO finds that the application is defective, it will issue a notice of reasons for reasons for office, and the applicant must reply to the notice of reasons for action.

7. If the USPTO does not find any grounds for rejection after examining the application, or if the applicant's reply successfully convinces the examiner, a notice of grant will be issued to the applicant (in the case of a notice of refusal of office in the absence of a notice of refusal, the time is about 15-18 months after filing the application).

8. The applicant must pay the authorization fee and complete the authorization procedures within the specified time limit (within three months from the date of mailing of the authorization notice).

9. Issuance of certificates In recent years, enterprises have begun to pay attention to the protection of intellectual property rights, including patent application, registered trademark, trademark renewal and trademark transfer.

Many companies have the need to apply for a U.S. design patent, but they do not understand the process and the materials that need to be prepared. Let's take you to find out.

Benefits and Benefits of Filing a U.S. Design Patent. There are many people who are curious, why not apply for a design patent in China, but also a design patent in the United States? In fact.

U.S. design patents have long been one of the most popular applications for design patents in the world. For many cross-border e-commerce or foreign trade enterprises, the US appearance patent and the backdoor appearance patent are both a threshold, and if you want to do business, you must apply for his appearance patent. From this point of view, there are still many people who need to apply for U.S. design patents.

Documents to be prepared to apply for a U.S. design patent. If you want to apply for a U.S. design patent, you must prepare the information he needs, if you can do it all at once, then this application process will save a lot of time, you need to prepare the applicant's name, international address, inventor's name, priority information, design-related information, 3D drawings in STP format, and patent ** power of attorney. <>

There is a 12-month grace period for U.S. design patent applications. There is a 12-month grace period for a design patent application in the United States. The novelty of the patent is not affected if the application is filed within 12 months of the following acts, including the 12-month grace period for the disclosure of the design in a printed publication, its public use in the United States, and its publication in the United States**.

Opportunities for applicants. During the critical period, it can be determined whether the product is successful in the market or not. development potential to determine whether to apply for a design patent in the United States.

Review notes because of the United States. Design patents are a popular application item, so the approval items will be more stringent. Submitted blueprints should include perspective, front, back, top, bottom, and left and right views.

Entrustment contract, small individual report, patent application documents of the original Chinese patent application, patent class of the Chinese application, Chinese filing date and Chinese application number, etc.

It is necessary to prepare the name, address and nationality of the inventor of the entrustment contract, as well as the name of the design patent, as well as the filing date and application number in China, as well as the patent type of the application in China, and the filing of the small individual.

It is very important to prepare the entrustment contract, a copy of the issuer's ID card, the name of the design patent, the Chinese filing date and application number, and the patent category applied in China.

1. The product is projected in a six-sided view, or the product is provided for taking pictures;

2. The name of the design patent;

3. If the applicant is a unit, the unit needs to be stamped; If the applicant is an individual, an individual's signature is required;

4. If the applicant is a unit, a copy of the business license is required; If the applicant is an individual, a copy of the personal ID card must be provided;

5. Provide clear materials such as the applicant's name, detailed address, **, zip code, and designer's name.

U.S. Design Patent Application Conditions:

1. Must be applied or embodied in industrial products.

The design is inseparable from the product to which it is applied, and cannot exist independently as a decorative pattern. It must be clear, predictable, reproducible, and not just a chance result of a method or a combination of its functional design.

2. The design must be decorative.

If the design of an industrial product is mainly reflected in the function of the product, it is considered that it cannot be applied for because it lacks ornamentation.

Documents required for a U.S. design patent application:

1) Entrustment contract;

2) Name, address and nationality of the inventor;

3) the name of the design patent;

4) China filing date and China application number;

5) Patent application in China;

6) whether priority is claimed;

7) Patent application documents of the original Chinese patent application;

8) Six-sided view of the product and product appearance description;

9) Small individual application (the applicant is an individual, or a small business with less than 500 people, or a non-profit organization).

U.S. Design Patent Application Process:

1. After the application, the acceptance notice will be issued within 1-2 weeks, and it will take about 12-18 months from the application to the authorization (if it goes smoothly).

2. Examination system: substantive examination system.

3. Patent term: 14 years from the date of issuance.

4. Patent maintenance fee: no maintenance fee is required.

The documents required to apply for a U.S. design patent are as follows:

1) Entrustment contract;

2) Name, address and nationality of the inventor;

3) the name of the design patent;

4) China filing date and China application number;

5) Patent application in China;

6) whether priority is claimed;

7) Patent application documents of the original Chinese patent application;

8) Six-sided view of the product and product appearance description;

9) Small individual application (the applicant is an individual, or a small business with less than 500 people, or a non-profit organization).

Thank you. The question of how long does it take to apply for a U.S. design patent is just the right one, because not long ago, I entrusted the high-end intellectual property point to the circle to apply for the U.S. design just authorization. I applied in the middle of last year, which is about a year ago.

However, I heard from the ** people in the circle that if you want to go urgently, they can get off the certificate in about half a year at the earliest, and you can go down.

1) Personal ID card (photocopy) for individual application;

2) A copy of the business license (copy) for the enterprise application (for overseas patent applications, the applicant's English name and address must also be provided);

3) ID card (copy) of the designer (for overseas patent applications, the designer's English name and address must also be provided);

4) In duplicate, it must be drawn by computer or formal cartographic tools. For products involving six faces, six frontal projection views should be provided, i.e., front, back, top, bottom, left and right (figure size: 3 8---15 22); For products involving one or several surfaces, providing orthographic projection views and stereoscopic views of the involved surfaces; A flat design involving only one face, providing a projected view of that face.

2) Declaration, in which the inventor must swear that he is the true inventor, declare that he has read and understood the contents of the specification, and will disclose to the Patent Office any technical information related to the patentability of the application.

3) Specification, including the content of the specification, the scope of rights and the abstract.

4) Drawings, not required.

5) Power of Attorney.

6) Assignment: When the applicant is a company, the inventor needs to make a noise to transfer the right to apply for the patent to the company, that is, the assignment letter needs to be signed.

7) Declaration of small entities, individuals, enterprises with less than 500 employees, and non-profit units belong to small entities.