Three types of American patents:

1. utility patent for invention; ;

2. Plant patents; It was invented by plants;

3. Design patent.

The application procedures include temporary application, normal application and continuous application.

), some continue to apply and reissue.

Provisional appropriation application:

1. In order to get the application date as soon as possible, there is no claim, and the cost is lower than the normal application.

2. It can be converted into a normal application.

3. If it is not required to be converted into a normal application within 12 months from the date of application, it shall be deemed as abandonment and may not be resumed.

4. Ordinary applications can claim the priority of temporary applications, and vice versa.

Only inventions can enjoy the priority of temporary application, and there is no temporary application for design.

Not provided for:

1. Temporary application can be converted into normal application.

2. Before the first OA is received, it can be modified in advance.

In general, it will be made public in 18 months, and the actual trial will start automatically from the application (waiting in line for approval). Generally, the first OA will be issued in 14 months. As long as the applicant requests not to make it public in advance, PTO will not make it public in advance, and it will be made public when it is issued.

3. Before patent OA is involved, other OA may be released, such as divisional cases. The term is one month.

4、

OA is generally twice, and the second OA is generally final OA, final.

The time limit for OA reply is generally three months, and it is best for the applicant to reply within two months, so the examiner will issue a consultation within three months.

Litigation, so that the applicant's next lawsuit can not exceed three months, no need to pay an extension fee. In the consultation action, the answer is "the final office"

Action ",the status of the claim and the result of the applicant's reply. Even the "final office"

Action "is negative and should be answered in time.

5. When replying to the revision of final OA, the examiner is generally not allowed to enter (even if it can overcome the defects pointed out in the notice) because the examiner needs to retrieve it again. Applicants can overcome the defects (RCE) in the final OA by proposing continuous review.

6. Response to the advisory action:

1) If the applicant thinks it is possible to overcome the defects through modification, he proposes to continue to review the RCE；; ;

2) If you think it is impossible to overcome the defects through modification, and you don't agree with the examiner's point of view, you can consider making a complaint (rarely used);

3) Put forward to continue to apply, on the one hand, you can get the claim agreed by the examiner, and continue to argue with the disagreeing point of view to avoid being completely rejected.

4) Meet when necessary. RCE is usually filed, but appeal is rarely used, because it will cost a lot of money and take a long time.

Continuous application:

Continue to apply: no new content can be added to the specification, and the claims can be different, but they must involve the same subject as the claims in the parent case.

Mainly applicable to the following two situations:

A) After the final rejection, the applicant wishes to modify his rights.

B) The examiner allows some claims, but rejects some claims (such as claims with a wider scope). In order to get the allowed claim authorized as soon as possible, the applicant can delete the rejected claim when replying to OA. For the deleted and rejected claims, the applicant may file a continuation application and amend the claims at the same time.

Partial continuation application:

New contents have been added in the specification, and new claims can be summarized according to the new contents added in the specification. Just like resubmitting a new application, the protection period starts from the application date of the parent case.

Reprint (reprint):

Correct the mistakes of authorized patents and modify the authorized patents.

The patentee put forward

Adding new content is not allowed.

Within two years after authorization, the scope of claims shall not be expanded.