Table of Contents of U.S. Patent Law, U.S. Patent Type Patents

Jite Intellectual Property: China has become one of the top 5 countries to apply for U.S. patents for the first time, and with the enhancement of national awareness of intellectual property rights in recent years, more and more enterprises know how to use intellectual property rights to escort their products into the international market. The boom in U.S. patent applications is increasing year by year, and the time to apply for U.S. patents has become an issue that many people want to know.

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; 4. Authorization and Announcement.

Chapter I: Basic Theories of Patent Law.

1. Basic Theory of Patent Law.

II Economics (Incentives for Invention).

3. Historical Investigation: Correction (Incentive Disclosure) for Trade Secret ProtectionHistorical Investigation: Technology Transfer.

Wu Natural Rights (Theory of Eligibility).

Lu Patents and Public Utilities Theory.

Seven conclusions. Chapter II Acquisition of Patent Rights.

One U.S. Patent and Trademark Office.

II. Patent Application Procedure.

3. Post-Authorization Procedures.

Conclusion: The freest system in the world.

Chapter III Patent Eligibility.

One Introduction. II.

Three trips

Chapter 4 Practicability.

One Introduction. Two types of practicality.

3. Industrial applicability.

Chapter 5 Expectations.

One Introduction. II. Prior art under the U.S. first-to-invent regime.

Three expectations. Chapter VI: Statutory Restraint.

One Introduction. 2. Public use.

Three sales. Exclusion of experimental implementation.

Patents and published literature.

Other legal reasons for obstruction.

Chapter VII Novelty: Prior Invention.

One Introduction. Section II. 102(a) of the existing invention.

III. Priority of Article 102(g).

IV. Section 102(e) of an existing invention.

Derivative of section 102(f).

Chapter 8 Non-obviousness.

One Introduction. II. The history of the "crown jewel" of patent law.

3. Existing technology.

The trilogy of the Supreme Court.

Court of Appeals for the Federal Circuit.

The obviousness of the foreign patent system (the height of invention).

Chapter IX: Full Disclosure.

One Introduction. II. Implementability.

Three written descriptions.

The best embodiment.

Chapter 10 Patent Claims.

One lead. II. Composition of Claims.

3. Special form of claims.

Definiteness

Chapter 11 Issues Concerning the Acquisition of Patents.

Chapter 12 Interpretation of Claims.

Chapter 13 Infringement.

Chapter 14 Other Defenses.

Chapter XV: Remedies for Infringement.

Chapter XVI International Patent Law.

Legal Analysis: There are three types of patents: inventions, designs and new plant varieties.

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

Article 42 The term of a patent for invention shall be 20 years, and the term of a utility model patent and a design patent shall be 10 years, both of which shall be calculated from the date of application for deferment.

Rule 44 Under any of the following circumstances, the patent right shall be terminated before the expiration of the term of service:

1. Failure to pay the annual fee in accordance with the regulations.

2. The patentee renounces its patent right by a written statement.

If the patent right is terminated before the expiration of the term of the patent right, it shall be registered and announced by the patent administration department.

There are three types of patents in the United States: utility patent, design patent, and plant patent.

It should be noted that some Chinese translations of utility patents are blind pure utility patents, but they need to be confused with Chinese utility model patents, in fact, the United States does not have Changshen Nai has this type of utility model patent. If you have applied for a utility model patent in China, you must also file an invention patent application in the United States.

1.Utility patent

This type of patent covers new and useful processes, material components, machines and articles. New and useful improvements to existing processes, material composition, machinery, and manufacturing can also be patented. Process refers to any act or method of doing something, usually involving an industrial or technical process.

The composition of a substance is basically a chemical component and can include a mixture of components or a new compound. A machine includes something that is usually defined as a machine, such as a computer, while an article is defined as a manufactured good. The term of protection of an invention patent is 20 years from the filing date.

2.Design patent

A design is defined as the "surface decoration" of an object, which can include the shape or configuration of the object. In order to obtain such patent protection, the design must be inseparable from the object. While an object must be inseparable from its design, a design patent only protects the appearance of an object.

In order to protect the functional or structural features of an object, a person must also apply for an invention patent. The term of protection of a design patent (filed after May 13, 2015) is 15 years from the date of grant.

3.Plant Patent

Plant patents can be obtained to protect new and unique plants. Some of the requirements for obtaining such a patent are that the plant is not a tuber-propagating plant (e.g., the Irish potato), that the plant is not found in an uncultivated state, and that the plant can reproduce asexually. Asexual reproduction is when plants are not propagated from seeds, but by grafting or cutting plants.

Vegetative propagation is required for plant patents, as this is proof that the patent applicant can propagate the plant. The term of protection of a plant patent is 20 years from the filing date.