How to get a U.S. invention patent grant within 6 months

Applying for a patent in the U.S. is a lengthy process. On average, 22 months elapse from filing a patent application to initial examination. In recent years, the U.S. Patent Office has introduced a series of expedited examination procedures in order to expedite examination.

Including: Accelerated Examination (Accelerated examination applies to invention patents and design patent applications. To apply for expedited examination, the applicant must first submit a request for accelerated examination and pay the corresponding fee).

2.Priority examination (the applicant submits a request for priority examination by paying an additional fee of US$4,800 (reduced to US$4,000 from March 19, 2013), which is finally processed within 12 months from the date of grant of priority examination).

3.Patent Prosecution Highway (this project is only applicable to invention patent applications, not to provisional patent applications, plant patent applications, design patent applications, etc.).

4.First instance interviews, etc. (First instance interviews are another process designed to expedite the examination and authorization of applications. The first-instance interview procedure applies only to invention patent applications, not design patent and plant patent applications.

An invention patent application applying to participate in the first-instance interview procedure must meet certain requirements, such as the application must not contain more than 3 independent claims, and the total number of claims shall not exceed 20. ）

In addition, in the ordinary application process, the interview with the examiner will also expedite the authorization.

Legal Analysis: The validity period of foreign invention patents is as follows:

1. The validity period of a U.S. patent is 20 years from the date of valid application;

2. The validity period of the European patent is 20 years from the date of application;

3. The validity period of the Japanese invention patent is 20 years from the date of application, and the design patent is 15 years from the date of registration of the company.

There is no substantive examination for the actual nuclear travel model patent, and it can be granted 6 months after the filing date, and the validity period is 6 years from the date of application.

Legal basis: Patent Law of the People's Republic of China

Rule 42 The term of a patent right for invention shall be 20 years, the term of a patent right for utility model shall be 10 years, and the term of a patent right for a design right shall be 15 years, all of which shall be calculated from the date of filing.

If the patent right is granted after four years from the date of application for the invention patent and three years after the date of the request for substantive examination, the patent administration department shall, at the request of the patentee, compensate the patent right for the unreasonable delay in the process of granting the invention patent, except for the unreasonable delay caused by the applicant.

In order to compensate for the time taken by the review and approval of new drugs, the patent administration department of the State Council of the People's Republic of China shall compensate the patentee for the patent term at the request of the patentee. The compensation period shall not exceed five years, and the total effective patent term after the approval of the new drug shall not exceed 14 years.

Jite Intellectual Property: How long is the U.S. patent application time, and how long is the U.S. invention patent application time.

1.1-2 months from the filing date of the applicant to receive the notice of acceptance;

2.18 months from the filing date (or priority date) from the filing date (or priority date) for the applicant to receive the notice of publication;

3.The applicant receives the notice of reasons for refusal to defend (substantive examination), and the substantive examination time is about 1 year;

1-2 months from the filing date of the applicant to receive the notice of acceptance; 2. Notification of office action may be received within one year; 3. Authorization (about years). To sum up, the time to apply for an invention patent in the United States is about 2-3 years, and the time to apply for a design patent in the United States is about one year.

There are 18 months for the priority of the U.S. invention patent application, and the applicant receives a notice of publication; The applicant receives the notice of reasons for reasons for refusal and defends, and the substantive examination time is about 1 year; It takes about a year for a U.S. invention patent application to be approved and a U.S. invention patent to be authorized, so it takes about 2-3 years from the application for a U.S. invention patent to the authorization. U.S. Invention Patent.

The "invention patent" in the United States includes the "utility model" and "invention patent" in China. Therefore, in the United States, it is possible to apply for an invention patent for functional innovation. If China has applied for a "utility model", if there is no same patent in the United States, then the application for an "invention patent" in the United States is likely to be approved.

Invention patents protect functions and technologies, so no matter how the appearance changes, as long as the technology or method used to achieve this function is used, it constitutes infringement. Invention patents have a wider scope of protection and greater rights and interests.

About applying for U.S. patents, you can go to Gaowo to learn about it, Gaowo is a legal service organization specializing in intellectual property business, including Beijing Gaowo Law Firm, Beijing Gaowo International Intellectual Property ******, and its business mainly involves basic applications and rights protection litigation of trademarks, patents and copyrights. For more information, it is recommended to consult Gaowo.

To obtain a patent right, the applicant shall submit an application to the State Intellectual Property Office, which shall approve and issue a certificate. When filing a patent application with the national patent office, the applicant should also submit a series of application documents and pay the corresponding official fees, including the request, abstract, claims, description, drawings of the description, etc. The process of applying for an invention patent is as follows:

1. Submission of patent application - issuance of acceptance notice by the State Intellectual Property Office - preliminary examination by the State Intellectual Property Office - publication - substantive examination - authorization. 2. The documents that need to be submitted to apply for an invention patent include: 1) Request:

Including the name of the invention patent, the name of the inventor or designer, the name and title of the applicant, address, etc. 2) Description: including the name of the invention patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment.

Invention patents often have drawings, and if only words are sufficient to clearly and completely describe the technical solution, there may be no drawings. Legal basis: Article 26 of the Patent Law of the People's Republic of China provides that an application for an invention or utility model patent shall be submitted with a written request, a description and its abstract and claims.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model.

Patent application process: It takes about 2 years from application to grant for invention patents, and about 8 to 10 months from application to grant for utility models and designs.

An invention patent application needs five stages: acceptance, preliminary examination, publication, substantive examination and authorization, while a utility model or design patent application does not carry out publication and substantive examination in the examination and approval, and only has three stages: acceptance, preliminary examination and authorization.

1.Application Stage.

The application documents for a patent for invention shall include: an application for a patent for invention patent, a description (if the description has drawings, drawings shall be submitted to the description), claims, and an abstract (if necessary, there shall be an abstract drawing). If a patent ** institution is entrusted, a power of attorney shall be submitted.

If you apply for fee reduction, you should submit a request for fee reduction and the corresponding supporting documents.

2 Review Stage.

1) Preliminary Examination:

After receiving an application for a patent for invention, the patent office needs to undergo a preliminary examination. After passing the preliminary examination, it will be published immediately after 18 months from the filing date. Patent offices may also publish their applications at an early date upon the request of the applicant.

The preliminary examination mainly verifies whether the application documents are complete; whether the form meets the standards; Whether the fee is paid. During the preliminary examination, the Patent Office will issue a notice of correction for the above matters, and the applicant will make the correction.

2) Substantive examination.

After the publication of an invention application, the Patent Office initiates substantive examination upon receipt of a request for substantive examination from the applicant. The examiner issues a notice of reasons for refusal, in which he evaluates the novelty, inventive step, and practicability of the invention application, and points out the substantive defects in the application documents. The applicant responds to the reasons for examination and amends the application documents if necessary.

If the applicant's response overcomes the office action, the examiner will issue a notice of grant of the patent.

If the applicant's response does not overcome the reasons for refusal, the examiner will issue a second notice of reasons for refusal or a notice of refusal.

3) Authorization. After receiving the notice of grant of patent, the applicant needs to go through the registration formalities. The applicant shall pay the patent registration fee, the annual fee of the year of grant, the printing fee of the public notice, and the stamp duty on the patent certificate within the prescribed time limit. The applicant can obtain a patent certificate after completing the registration formalities.

It is more complicated to apply for the procedure by yourself, and it is generally to find ** application, and CapitaMall is still very OK.

Applied for a U.S. invention patent.

What is the process and time? Recently, according to ** reports, the company was entrusted to apply for a foreign patent, but what was obtained was a fake patent certificate. Technology companies often entrust some intellectual property ** institutions to handle foreign patent applications.

However, if you do not identify the authenticity of the patent certificate, it will lead to immeasurable losses, we have just learned from the China (Ningbo) Intellectual Property Rights Protection Assistance Center that there is such a patent application dispute in Ningbo. In order to avoid patent disputes, the following is the process and time for applying for a U.S. invention patent. What do I need to continue a U.S. patent application?

What is the process and time to apply for a U.S. invention patent? 1. The process of applying for a U.S. invention patent.

2. Submitted Chinese invention patent application. 2. The PCT application submitted must be filed within one year of submitting the Chinese invention patent application, and if it is overdue, it is impossible to apply for a US patent again. 3. The PCT examination is passed, and the document is revised and translated to prepare for entering the United States.

4. The Chinese patent examiner raised a question, replied to the question and amended, of course, this is free of charge. 5. Received Chinese patent authorization.

Notice. 6. Received the notice of grant of U.S. patent approval. 2. Time for applying for a U.S. invention patent: The U.S. invention patent application shall be published within 18 months from the filing date or priority date, and the novelty examination and full substantive examination shall be conducted.

Generally, the substantive examination is automatically entered, and the notice of reasons for refusal is received from the filing date of the application at the earliest, and the examination period is about one year. Generally, invention patents are authorized in about 3-5 years. 3. What is required to continue a U.S. patent application? Claims.

The description of the point of invention that is disclosed in the description of the parent case but does not appear in the original claims: What is the process and time for applying for a U.S. invention patent before the grant and before the abandonment of the application?

If you want to apply for a U.S. invention patent, please contact our **customer service, or call Bajie intellectual property national free service**, we have many years of professional intellectual property experience, professional business team and the concept of wholeheartedly serving customers, can help you apply smoothly.

Steps to apply for a patent:

1. Consultation: 2. Write a technical disclosure letter:

3. Chinese patent search: pay the search fee first.

Purpose: l. Preliminary confirmation of the novelty of the application content in the Chinese patent;

A search fee and translation fee will be charged for searching for patents in foreign languages. After the Chinese patent search, our firm agrees to accept the entrustment to ensure that the application is granted a patent, otherwise the full ** fee will be refunded.

Fourth, **: Ordinary **: Charge the basic **fee and expedited**: add 40% of the basic ** fee.

5. Acceptance: After receiving the application documents mailed or submitted, the State Patent Office will send back the "Notice of Acceptance", and the applicant shall pay the application fee to the China Patent Office when receiving the "Notice of Acceptance" or within two months from the date of application. If the fee is overdue, the patent application shall be deemed to be withdrawn.

6. Registration formalities: About one year from the date of application, the State Patent Office will send a notice of authorization, at which time the applicant shall pay the patent registration fee and the annual fee of the year of grant to the State Patent Office, and the payment period is within two months from the date of receipt of the authorization notice from the Patent Office, and the patent certificate issued by the State Patent Office will be received about three months after the payment of the fee. If the fee is paid after the deadline, the patent shall be deemed to have been waived.

8. Reexamination: If a person is dissatisfied with the decision of the Patent Office to reject the patent application or not to grant the patent right, he or she may also apply to the Reexamination Board of the State Intellectual Property Office for reexamination.

9. Fee reduction: The application fee paid to the State Patent Office and the annual fee for the first three years after grant shall be reduced by 85% for one applicant, 70% for more than two applications (including two applications) or applications by one unit, and no reduction shall be granted for applications from two units.

10. Other fees: The patent fee shall be paid by our firm, and a handling fee of 50 yuan (RMB) will be charged for each item, and we will not charge for the payment made by the applicant himself. If the applicant improperly pays the fee and causes the loss of rights, our firm shall not be held responsible.

Ten. 1. Patent protection period: The LO year of utility model patent is calculated from the date of application, and the annual fee must be paid to the State Patent Office every year after authorization, and the time of payment is within one month of the current application of each year. Please refer to the description on the right side of the patent certificate for details.

Ten. 2. To apply for a design patent, you may refer to these instructions. Ten.

3. Advice: There is a strict time limit for paying fees or going through relevant procedures with the National Patent Office, and the time limit will bring you losses, so during the validity period of your patent application and patent right, if your ** or mailing address changes, please notify in time to avoid unnecessary losses to you.