1. Types of U.S. patents: U.S. patents include three types: inventions, designs, and new plant varieties, but there are no utility model patents. U.S. invention patents: Methods, machines, articles, or combinations of things, or new and useful improvements, may be patented in accordance with the regulations and conditions prescribed by this Act. U.S. design patent: Anyone who creates a novel, original and decorative product design may obtain a patent in accordance with the provisions and requirements of this law. New plant variety patents: Anyone who invents, discovers and asexually propagates any special and new plant varieties, including changes, variants, mixtures and newly discovered plant seedlings in cultivation, may obtain a patent in accordance with the provisions of this law, except for tuber protrusion propagation. This does not apply to wild plants or wild plants.
2. U.S. Patent Application Path There are three ways to apply for a patent in the United States:
1. Apply for a patent directly in the United States (you need to undergo a 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 (the priority is only 12 months); 3. Apply for a patent in the United States through the PCT Patent Cooperation Treaty (the priority can be up to 30 months).
3. Documents required for U.S. patent applications (1) U.S. invention and design patent applications: description, affidavit of patent application and drawings, and power of attorney. Small individual declaration form (the applicant is an individual, or Small entities with less than 500 persons, or non-profit groups) (2) Claiming priority: If the same invention (or design) has been applied for in other Paris Convention countries, and you want to claim the original filing date in the United States, you should file it in the United States. Apply to the US Patent Office within one year from the filing date of the first foreign application (including Taiwan) (if it is a design, half a year). (3) Novelty requirements (first-to-invent principle and one-year preferential period principle): If an invention has been patented or published in publications 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 That is, the novelty is lost; on the contrary, if it does not exceed one year, it still has the novelty required to apply for a patent. Century Hengcheng Intellectual Property - Trademark Registration, Patent Application