Why can t you use used to in U.S. patent applications?

Jite intellectual property rights: ways to apply for U.S. invention patents and materials required: 1. Paris Convention approach:

After filing a patent application in China, if you file a patent application with the U.S. Patent Office before the expiration of 12 months from the first earlier patent filing date (i.e., the priority date), you can enjoy priority treatment, and you need to submit priority documents. Documents required for the Paris Convention pathway: Application documents:

including description, claims, drawings, abstracts, and abstract drawings; Application information: name, address and zip code of the applicant and inventor in Chinese and English, country of application, contact person, etc.; If priority is claimed, the notice of acceptance of the earlier application and the priority document of the earlier application (the priority document can be submitted at the same time as the application or within 16 months from the priority date); Small-scale entity statements (e.g. Declarations...)

A patent application is a necessary procedure for obtaining a patent right. To obtain a patent right, the applicant shall submit an application to the national patent authority, 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, such as a request, description, abstract and claims, etc.

In terms of patent applications, the provisions of patent laws around the world are relatively consistent, but there are also many differences.

If the examiner still disagrees with the applicant's opinion, the examiner will issue a final office action to reject the applicant's defense, but the rejection does not mean that the case is terminated, and the applicant can do the following: (1) Amend the scope of the patent in accordance with the examiner's opinion; (2) Xiang Min appealed to the Appeal Board; (3) RCE (Application for Continued Examination) to obtain an opportunity to continue the defense.

Hello allowable subject matter translates to allowable subject matter !

There are three types of U.S. patents: invention, design and new plant species, but no utility model patents. There are three avenues for filing a U.S. patent application:1

Apply for a patent directly in the U.S. (you need to do a confidentiality examination in advance with the Chinese Patent Office, and after passing the confidentiality review, you can directly apply for a patent in the U.S.); 2.Applying for a patent in the U.S. through the Paris Convention (priority only 12 months); 3.Apply for a patent in the U.S. through the PCT (with a priority of up to 30 months).

The U.S. patent examination process consists of application, novelty investigation, substantive examination, amendment, and reconsideration. Invention patents are published early eighteen months after the filing date (priority date).

Jite intellectual property rights: because patents are territorial, a patent is applied for in which country, in which country has the right to patent protection, out of this country is no longer protected by law. When exported to other countries, it is not protected by this country, and your patented products may be imitated, copied, abused, and any practice that infringes your Chinese patent rights is legal in that country, and you do not get any benefits.

If the product is exported to a country that has the same product as yours and is protected by a patent in this country, your product will not be able to reach this country. Otherwise, it will be regarded as an infringement of other people's rights. If you need to know more about relevant information, you can consult Guangzhou Jite Enterprise Management Consulting****, thank you!

There is a basic fee and additional fees to be paid for a patent application, including a search fee, an examination fee, and a issuance fee. There may also be overclaim costs in exceptional circumstances. Fees vary depending on the type of patent application you file, search and exam fees; If a small entity application is submitted by mail or manual delivery, there is an additional fee of $200.

Fayo.com helps you:

U.S. patents are divided into three classes:

1. Utility provisional patent $199 + **Fee.

2. Utility perpetual patent $499 + **Fee.

3. Design patent $499 + **Fee.

Advantages of U.S. patent registration:

1. A wholly foreign-owned enterprise founded by a doctor of law in the United States, the company is headquartered in Silicon Valley, a major high-tech town in the United States;

2. Professional services of legal professional team;

3. Convenient, fast and affordable: without leaving home, only three simple steps online;

4. Fill in the questionnaire in Chinese to overcome the language barrier;

5. Absolute privacy and absolute protection.

Why register a U.S. patent.

1. Enhance the authority and reputation of products;

2. Apply for high-paying enterprise certification and enjoy the state's subsidy policy for applying for U.S. patents;

3. No other person is allowed to produce, use, offer for sale or sell the invention in the United States, or import or export the right to the invention to the United States;

4. Sell products freely in the United States, broaden business cooperation, and seek cooperation with large American companies;

5. Resist domestic competitors, prevent them from selling their products to the United States, and apply for a protective order at U.S. Customs.

Filing fees for U.S. patent applications:

The deadline for payment of the application fee is two months from the filing date. The fees to be paid at the same time as the application fee also include the printing fee for the publication of the invention patent application and the additional fee for the application, and the priority claim fee shall be paid at the same time if priority is claimed. If it is not paid or paid in full within the prescribed time limit, the patent application will be deemed to be withdrawn.

The amount of the priority claim fee is calculated based on the number of items for which priority is claimed. If it is not paid or paid in full within the prescribed time limit, it shall be deemed that priority has not been claimed.

Substantive examination fee for invention patent application.

If the applicant requests substantive examination, he or she shall submit a request for substantive examination and pay the substantive examination fee. The deadline for payment of the substantive examination fee is three years from the filing date (or the earliest priority date if there is a priority claim). If the payment is not made or paid in full within the prescribed time limit, the patent application shall be deemed to be withdrawn.

The U.S. Patent Act stipulates that when an inventor files a patent application, he must file with the Patent Office:

specification;

The most important of these is the instruction manual. According to U.S. law, the applicant's specification should include the title of the invention, a description of the invention, a description of the manner and method of making and using the invention, and the best mode that the inventor believes is the best way to carry out his invention. In the above cases, the applicant must disclose truthfully and should do so to a degree sufficient to enable a person with ordinary expertise to carry out the invention.

In addition, the applicant must clearly and specifically state in the specification the scope of the patent protection he is claiming. Because the content of the application is quite complex, if it does not meet the requirements of the law, it will often be rejected by the patent office, therefore, the inventor generally entrusts a patent attorney or patentee to apply on behalf of the applicant.

Patent classification: invention patent.

A new technical solution proposed for a product, process or improvement of a product or method may apply for an invention patent;

Utility model patents.

A utility model patent may be applied for for a new technical solution suitable for practical use proposed for the shape, structure or combination of the product;

Design patents.

A design patent can be applied for for a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

Benefits of Applying for a Patent::

1. As an intangible asset, patent has huge commercial value and is an important means to enhance the competitiveness of enterprises.

2. The enterprise will apply for patents for scientific research results, which is the basis for the implementation of the patent strategy of the enterprise.

3. The quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness, and the symbol of the company's identity and status in the industry.

4. Enterprises can obtain long-term benefits through the application of the patent system.

5. Possession of patents by enterprises is a necessary prerequisite for the declaration of high-tech enterprises, innovation and other scientific and technological plans and projects.

1. The process of applying for an invention patent in the United States.

1.Preparation of application documents 2Filing an application with the United States Patent and Trademark Office (USPTO) 3

Acceptance (Notice of Acceptance issued by the United States Patent and Trademark Office) 4Disclosure (18 months from the filing date, the USPTO publishes the patent application) 5Substantive examination (the United States Patent and Trademark Office conducts a substantive examination of the patent application, and the applicant must answer the notice of reasons for refusal) 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).

2. The process of applying for a design patent in the United States.

1.Preparation of application documents 2Filing an application with the United States Patent and Trademark Office (USPTO) 3

The U.S. Patent and Trademark Office issues Acknowledgment of Acknowledgment 4The U.S. Patent and Trademark Office issues a Notice of Acceptance 5The United States Patent and Trademark Office conducts substantive examination of a design patent application 6

If 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) 8The 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)9

Deliver a certificate.

U.S. patents have a fee waiver policy for individual applications and applications filed by small entities (with fewer than 500 employees).

Patent Application Procedure.

After filing a U.S. patent application, a notice of acceptance will be obtained in about two months.

After the filing date, there will be an examination result in about one and a half years, which includes the grant of a patent (allowance) and the rejection of a patent.

The applicant will usually have two attempts to respond to a refusal issued by the United States Patent Office, and there may be three or four exceptions. The first rejection notice is called "first oa" and the last one is "final oa".

If the final OA still fails, the official will issue a notice of defence, known as an "adversary response", for which no reply is required, and its function is similar to that of a notice of refusal in China. In this case, we can file a request for continued examination (i.e., RCE), and unlike the defense, the claims can be amended when the RCE is filed.

Finally, once the application is approved, the applicant must pay the certificate collection fee before receiving the patent certificate about 3 to 4 months after the approval date. If the collection fee is not paid within the time limit, the application will be deemed abandoned.

U.S. Patent Filing Pathway.

There are three ways to file a patent in the United States:1Apply for a patent directly in the U.S. (you need to do a confidentiality examination in advance with the Chinese Patent Office, and after passing the confidentiality review, you can directly apply for a patent in the U.S.); 2.

Applying for a patent in the U.S. through the Paris Convention (priority only 12 months); 3.Apply for a patent in the U.S. through the PCT Patent Cooperation Treaty (priority can be up to 30 months).

1.Submit the application: When submitting the application, you need to pay the fee and the application documents at the same time, otherwise you will incur a late payment fee; After the application is submitted, the USPTO will issue an official receipt, and you can immediately see the main information of the case such as the application number;

2.Formal Examination: After the formal examination is passed, the USPTO will issue a formal official notice of acceptance;

3.Disclosure: Publication will be made automatically within 18 months from the filing date or priority date after the examination is approved, or within 18 months from the filing date at the request of the applicant;

4.Substantive examination: Generally, a substantive office action is issued within 12 to 18 months, and the applicant must respond within 3 months from the date of receipt of the notice.

The applicant can request an extension of the time limit, which can be extended for up to 3 months; U.S. applications generally receive 1-2 substantive office actions, and if they cannot overcome the office action and receive a final refusal, they can choose to continue to respond or request an appeal.

5.During the examination process, if some of the claims can be authorized, the authorization can also be sought first, and the unauthorized rights can be submitted to the examiner for refutation.

6.Patent registration procedures: If no reason for rejection is found after examination, a notice of grant is issued, and the applicant shall go through the patent registration formalities and pay the registration fee within three months from the date of receipt of the notice;

7.The maintenance fee is paid on the first, annual and annual basis from the date of registration.

1. The process of applying for an invention patent in the United States.

1.Preparation of application documents 2Filing an application with the United States Patent and Trademark Office (USPTO) 3

Acceptance (Notice of Acceptance issued by the United States Patent and Trademark Office) 4Disclosure (18 months from the filing date, the USPTO publishes the patent application) 5Substantive examination (the United States Patent and Trademark Office conducts a substantive examination of the patent application, and the applicant must answer the notice of reasons for refusal) 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).

2. The process of applying for a design patent in the United States.

1.Preparation of application documents 2Filing an application with the United States Patent and Trademark Office (USPTO) 3

The U.S. Patent and Trademark Office issues Acknowledgment of Acknowledgment 4The U.S. Patent and Trademark Office issues a Notice of Acceptance 5The United States Patent and Trademark Office conducts substantive examination of a design patent application 6

If 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) 8The 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)9

Deliver a certificate.