(1) Due to the large number of patent cases in the United States, and in order to reduce the applicant's expenses, the patent has the preferential treatment of halving the customization fee (13 C.F.R.121.802), with the following conditions:
(1) A corporate body (including branches) with no more than 500 employees (for the formulation of small business scale standards, such as the definition standards of small business management and the number of employees, please directly ask No.409 SW Third Street, Washington, D.C., 20416);
(b) When the invention right has not been assigned, granted, transferred or licensed by anyone, or can not be classified as an individual (inventor), or any company/group that can not be certified as a non-profit organization or small business according to this clause.
(2) the scope of the applicant (37 C.F.R. 1.9 definition)
1. Independent inventor: When the applicant is an individual but also an inventor.
(a) the patent has not been assigned, granted, transferred or licensed;
(b) Assigning, granting, transferring or obtaining a license is not subject to any restrictions, contracts or regulations. If a person makes this invention, or can't prove to be a small business/non-profit company under the terms, any rights of this person in this invention can't be classified as an individual (invention).
2. Individual (non-inventor): The applicant is an individual, not an inventor.
3. Small company: when the applicant is not an individual, but a company or manufacturer.
4. Non-profit organization: When the applicant is a non-profit organization, such as a university.
(1) Universities or other institutions of higher education located in any country;
② In 1945 (26U. S.C.50 1(c)。
(3) Article 50 1(C) of the Internal Revenue Ordinance.
(3) The type of organization described in Article 50 1(a) of the Domestic Tax Law (26U). S.C.50 1(a))。
(3) Any non-profit scientific or educational organization in the National Non-profit Organization Law of the country (35) U.S.C 201(i);
(4) Any non-profit organization established abroad can be proved to be a non-profit organization in paragraphs (e), (2) or (3) of this article.
(III) Document Signing This document requires the signature of the applicant. If the applicant is an enterprise, it should be signed by the president, vice president, senior management or financial officer of the enterprise. The person with the title of manager does not belong to the category of the above-mentioned enterprise supervisor, so he is not qualified to sign such documents.
(4) Time limit for submission 1. Documents-It is best to submit them to the Patent Office together with other documents at the time of application, so as to avoid paying the cost of supplementary documents, but the deadline should not exceed two months from the date of application at the latest, otherwise the application fee cannot be halved. 2. Drawings-A sketch can be submitted together with the application documents, and formal drawings can be submitted after the application is approved. If indicated in the approval notice, it must be submitted within three months from the date of the notice (it takes about two weeks to review the plan).
(5) Supplement to the instruction manual (prior art) 1. Before the application date-it should be submitted within three months from the application date, otherwise the payment will be delayed. 2. Before the application date-after the application, the Patent Office shall submit the search report and review results to the Patent Office within three months from the date of mailing, otherwise it will pay a late fee. 3. If the applicant really doesn't know any existing technical data and can't provide it to the Patent Office, he doesn't have to worry about being punished by the Patent Office or having any adverse effect on his patent application, and the applicant doesn't have to pay for entrusting others to search for it. At present, there is no mandatory provision.
(6) Priority: 1. Submission-It can be submitted after the patent application has passed the substantive examination, and the Patent Office will not charge any additional late fees. 2. Where priority is not requested at the time of application, and the applicant claims priority after submitting the application, the applicant must resubmit a Patent Application Statement and Power of Attorney, but it must be requested before the Patent Office issues a notice of examination opinions.
Shenzhen Representative Office of the US Federal Intellectual Property Office-focusing on US patent application, trademark registration, copyright registration and trade secret litigation.