1. Prepare application documents → Submit the application to the USPTO → Accept (the USPTO issues a notice of acceptance) → Publish (18 months from the application date, the USPTO will review the patent application Disclosure) → Substantive examination (the USPTO conducts a substantive examination of the patent application, and the applicant must respond to the Office Action Notice) → Authorization and announcement (if the patent application meets relevant legal requirements, the USPTO will grant a patent for the invention) rights and announcement of authorized patents)
There are three ways to apply for a patent in the United States:
1. Apply for a patent directly in the United States (need to undergo confidentiality review in advance at the China Patent Office, and after passing the confidentiality review , you can directly apply for a patent in the United States);
2. Apply for a patent in the United States through the Paris Convention (priority is only 12 months);
3. Apply to the United States through the PCT Patent Cooperation Treaty Apply for a patent in the United States (priority can be up to 30 months).
Methods for applying for a U.S. patent:
When applying for a U.S. patent, there are more ways than applying for a domestic patent. When applying for a U.S. patent, the options available are generally divided into two According to the US patent application route and required documents, the previous application was for inventions and utility models. The application routes include the Paris Convention route and the Patent Cooperation Treaty (PCT) route.
Paris Convention route: After applying in China, submit a patent application to the U.S. Intellectual Property Office before the expiration of 12 months from the first prior patent application date (i.e., the priority date), and you can enjoy the right of priority. Treatment requires submission of priority documents. Documents and information required for application:
(1) Application documents: including description, claims, description drawings, abstract, and abstract drawings;
(2) Application information: Chinese and English names, addresses and postal codes of the applicant and inventor, application country, contact person, etc.;
(3) Priority information
(4) Power of attorney;
(4) Power of attorney;
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2. Patent Cooperation Treaty (PCT) approach: PCT is the English abbreviation of "Patent Cooperation Treaty" and is an international treaty related to patent applications. According to the provisions of the PCT, applicants can submit international applications through the PCT channel and designate to apply for patents in almost all countries around the world, that is, submit the PCT to the State Intellectual Property Office of China within 12 months from the filing date (priority date) of the earlier Chinese application. For international applications, an entry application must be filed with the US Intellectual Property Office within 30 months from the priority date.
It can be seen that each country has different regulations on patent protection, and patent protection between countries is more stringent. In order to protect their products, they generally apply in advance. The registration of patents and the fees for patent applications will also be calculated based on changes due to various reasons.
Extended information:
U.S. patents are divided into large entities, small entities, and micro entities based on the size of the applicant. The application fees for these three types are also different. We use Micro entities are taken as an example:
1. The US design patent application fee is about 5,500 yuan
2. The fee for the authorization stage is 3,000 yuan,
3. If drawing is required, an additional drawing fee of RMB 1,000 is required.
4. The total cost of a U.S. design patent is approximately 9,500 yuan.
In addition, regarding the official fees for U.S. design patent applications, the official fees for U.S. design patent applications include the fees for the application stage and the grant stage.
Legal basis:
Article 103 of the Patent Law of the People's Republic of China. Within 30 months from the priority date (hereinafter referred to as the priority date in this chapter), the applicant shall go through the procedures for entering the Chinese national phase with the patent administration department of the State Council; if the applicant fails to complete the procedures within this period, after paying the grace fee, the applicant may The procedures for entering the Chinese national phase must be completed within 32 months from the priority date.
Article 114 If an international application for an invention patent is published internationally in Chinese by the International Bureau, the provisions of Article 13 of the Patent Law shall apply from the date of international publication; if it is published by the International Bureau in a language other than Chinese If the patent is published internationally, the provisions of Article 13 of the Patent Law shall apply from the date of publication by the Patent Administration Department of the State Council. For international applications, the publication referred to in Articles 21 and 22 of the Patent Law refers to the publication specified in paragraph 1 of this article.