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1. Invention patent: A combination of methods, machines, products or things, or new and useful improvements, shall be patented in accordance with the provisions and conditions of this Law.
2. Design: Any person who creates a novel, original and decorative product design may obtain a patent in accordance with the provisions and requirements of this Law.
3. Plant patents: Any special and new plant varieties invented, discovered and vegetatively propagated shall be patented in accordance with the provisions of this Law, except for plants propagated by tubers or plants found in non-cultivated states.
4. Provisional application [must be converted into a formal application within one year]: only the description and drawings must be submitted, and the formal application must be converted into a formal patent application within one year, or a new formal application must be filed with this provisional application as priority. The filing date of the provisional application.
Note: There are no invention model patent protection types in the United States.
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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. U.S. patent types include utility patents, design patents, and plant patents, excluding utility models.
How to apply for a U.S. patent in China?
Various Ways to Apply for a U.S. Patent:
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 (priority is only 12 months);
3. Apply for a patent in the United States through the PCT Patent Cooperation Treaty (priority can reach 30 months).
Documents required for a U.S. patent application.
1. Description, patent application part and drawings;
2. Affidavit and power of attorney;
3. Priority: If the same invention (or design) has been applied to other Paris Convention countries, and the original filing date is to be claimed in the United States, the application should be filed with the United States Patent Office within one year from the filing date of the first foreign application (including Taiwan) (or half a year in the case of design).
4. Requirements for novelty (first-invention principle and one-year preferential period principle): if the invention has been patented or published in a publication in the United States or other countries, or has been publicly used or sold in the United States for more than one year, the invention will lose its novelty; On the contrary, if it is less than one year, it still has the novelty of applying for a patent.
The approval process for a U.S. patent application.
1) The U.S. patent application approval process is as follows:
The application is filed by the inventor or the person authorized by him or her Receives the application by the USPTO acceptance department, determines the date of receipt and gives the application number The application department conducts a formal examination and determines the filing date, completes the document processing and data collection, and at the same time handles the matters involving the transfer of rights by the rights transfer department Classification The application is assigned to the examination department for examination by classification number.
2) The review process mainly includes:
1. Formal examination and search;
2. Substantive examination;
3. The applicant's reply;
4. Re-examination;
5. Make a final decision, etc. Those who are dissatisfied with the decision may appeal to the Patent Appeal and Conflict Committee.
Time limit for examination of a U.S. patent application.
1. Generally speaking, there will be an examination result in about one to one and a half years after the filing date of a U.S. patent application.
2. If a new content is added when the schema or specification is amended, and the examiner does not accept it, the examiner may file a partial application for a continuous case (CIP), provided that the application is filed before the original case is abandoned, and the application date shall be the same as that of the original case for the part with the same content as the original case.
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1. Patent for invention (utilitypatent): A combination of methods, machines, products or things, or new and useful improvements, may be patented in accordance with the provisions and conditions stipulated in this Law.
2. PatentFordesign: Any person who creates a novel, original and decorative product design may obtain a patent in accordance with the provisions and requirements of this Law.
3. Patent for plant (patent forplant): Any invention, discovery and vegetative propagation of any special and new plant variety, including changes in cultivation and cultivation, variable varieties, mixed and newly discovered plant seedlings, may obtain a patent in accordance with the provisions of this Law, except for plants propagated by tubers or plants found in a non-cultivated state.
4. Provisional application (provisionalapplication) [must be converted into a formal application within one year]: only the description and drawings must be submitted, and the imitation potato must be converted into a formal patent application within one year, or a new formal application shall be filed with this provisional application as a priority. The filing date of the provisional application.
Since the patent term of a provisional application will be 20 years from the filing date of the provisional application, it is unlikely that most applicants will choose to directly convert the provisional application into a general application. Note: There are no invention model patent protection types in the United States.
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U.S. patents can be a distraction from the state as a coverInvention patentsDesign patentsandPlant patentsThree-tour shelter type.
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These three patents mainly include invention patents, as well as the appearance of the designer's repentance patent, and the last reputation is the plant patent, and the content of these three patents is completely different, but the first virtual must have the ability to develop and innovate.
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There are three types of U.S. patents, namely design patents, invention patents, and plant patents.
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