How to apply for a U.S. invention patent? What is the application process?

There are four types of patent applications in the United States, namely invention patents, design patents, plant patents, and provisional patent applications. U.S. invention patents are one of the types with a relatively large number of applications, so how to apply for U.S. invention patents? What is the application process?

What are the differences between the materials required and the process compared to a domestic patent application? How to apply for a U.S. invention patent? What is the application process?

How to apply for a U.S. invention patent? What is the application process? 1. Documents and information required for the Paris Convention pathway 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) If priority is claimed, the notice of acceptance of the earlier application and the priority certificate of the earlier application (the priority certificate can be submitted at the same time as the application or within 16 months from the priority date); 4) Small-scale entity statement (if the applicant is an individual, or an SME with less than 500 employees, or a non-profit organization); 5) Affidavit and Power of Attorney.

2. Documents required for the application under the Patent Cooperation Treaty (PCT) route: 1) the original application documents submitted and the PCT application request or the published PCT application brochure; 2) international search report; 3) amended claims under Article 19 of the Patent Cooperation Treaty (if any); 4) International preliminary examination report, application documents amended in accordance with Article 34 of the Patent Cooperation Treaty (if any); 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. How to apply for a U.S. invention patent?

What is the application process? If you have more questions about patent applications, you can continue to pay attention to Bajie Intellectual Property, or contact us.

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:

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. The application shall be submitted by the inventor or the person authorized by him/her;

2. The acceptance department of the United States Patent and Trademark Office receives the application, determines the date of receipt and gives the application number;

3. The application department shall conduct a formal examination and determine the application date, complete the document processing and data collection, and at the same time the rights transfer department shall handle the affairs involving the transfer of rights Classification The application shall be assigned to the examination department for review according to the classification number.

The review process mainly includes:

1) Formal examination and search;

2) Substantive examination;

3) the applicant's response;

4) re-examination;

5) Making a final decision, etc. Those who are dissatisfied with the decision may appeal to the Patent Appeal and Conflict Board.

1.Preparation of application documents.

2.Filing an application with the United States Patent and Trademark Office.

3.Acceptance (Notice of Acceptance issued by the USPTO).

4.Disclosure (18 months from the filing date, the USPTO publishes the patent application) 5Substantive examination (the USPTO conducts a substantive examination of the patent application, and the applicant must respond to the office action notice).

6.Grant and publication (if the patent application meets the relevant legal requirements, the USPTO grants a patent for the invention and announces the grant of the patent).

Many countries** have subsidies, grants, and even incentives for U.S. patent applications. For example, if you apply for a patent in the U.S. through the PCT Patent Cooperation Treaty, you can receive a subsidy from the U.S. Treasury Department, and if you file a patent in the U.S. through other means, you can usually get funding from the provincial to the regional level**. With so many advantages, there must be many people who want to know the application process and the information needed, so let's introduce it below.

What you need to apply for a U.S. patent:

1) Patents for inventions and designs filed in the United States

1. Instructions for use, patent application part and diagrams.

2. Affidavit and power of attorney.

3.Small individual filing (if the applicant is an individual, or a small business organization with less than 500 employees, or a non-profit organization).

2) Provisional Application:

1. Description, diagrams and names, addresses and nationalities of all inventors.

2. Declaration form for small individuals.

3) Claim of priority:

If the same invention (or design) has been filed with another country, and the original filing date is claimed, the application must be filed with the United States Patent Office within one year (or six months in the case of designs) from the filing date of the first foreign application in the United States.

4) Novelty (the principle of leading the invention and the principle of a one-year preferential period).

An invention has been publicly used in the United States or other countries for more than one year, or has been publicly used in the United States or other countries; On the other hand, if it is less than one year, there is still novelty for which the patent is applied.

1. The application shall be submitted by the inventor or the person authorized by him/her;

2. The acceptance department of the United States Patent and Trademark Office receives the application, determines the date of receipt and gives the application number;

3. The application department shall review and confirm the application date before entering the Sui Tuan, complete the document processing and data collection, and at the same time the right transfer department will handle the affairs involving the transfer of rights Classification The application will be assigned to the examination department for review according to the classification number.

Patent name. Letter of acceptance of Chinese patent application.

A copy of the applicant's business license (the applicant stamps it, and the scanned copy is sent to our company) or ID card (the applicant's signature, and the scanned copy is sent to our company).

Chinese name and address of the applicant and inventor.

If there is a customary English translation of the name and address of the applicant and inventor, please provide it; If not, it will be freely translated by our company.

Request for confidentiality examination and request for a copy of the priority right (provided by our company later), power of attorney for foreign patent ** (provided by our company later).

The right to apply for a patent in the United States belongs to the inventor by default, and if it is applied by an enterprise, it is necessary to provide a letter of assignment of the right to apply for a patent for lease (after our company receives the application materials, our company fills in and provides it).

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.