1, Paris convention mode:
After applying in China, those who file a patent application with the US Patent and Trademark Office from the date of the first prior patent application (i.e. the priority date)/before the expiration of KLOC-0/2 months can enjoy the priority treatment and need to submit the priority certificate.
Materials required for the Paris Pact methodology:
(1) Application documents: including the specification, the claims, the drawings of the specification, the abstract and the drawings of the abstract;
(2) Application information: Chinese and English names, addresses and postal codes of the applicant and inventor, country of application, contact person, etc. ;
(3) Where the priority is claimed, the acceptance notice of the earlier application and the priority certificate of the earlier application shall be provided (the priority certificate can be submitted at the same time as the application or within 16 months from the priority date);
4 small entity statement (if the applicant is an individual, or a small and medium-sized enterprise with less than 500 employees, or a non-profit organization);
(5) affidavit and power of attorney.
2. Patent Cooperation Treaty (PCT) mode:
PCT is the abbreviation of patent cooperation treaty, which is an international treaty on patent application. According to the provisions of the PCT, the applicant can submit an international application through the PCT channel and designate to apply for a patent in almost all countries in the world, that is, to file a PCT international application in China National Intellectual Property Administration, China within 12 months from the filing date (priority date) of the earlier application in China, and to file an entry application in USPTO within 30 months from the priority date.
Materials required for Pct route:
(1) submitted original application documents and PCT request or published PCT application booklet;
② International search report;
(3) Claims amended according to Article 19 of the Patent Cooperation Treaty (if any);
(4) the international preliminary examination report and the application documents amended according to Article 34 of the Patent Cooperation Treaty (if any);
(5) Statement of small entity (if the applicant is an individual, or a small and medium-sized enterprise with less than 500 employees, or a non-profit organization);
6 affidavit and power of attorney.
Extended data:
American patents are divided into invention patents, design patents and plant patents.
patent of invention
The application time of American invention patent is as long as two years, and it will take two months to get the acceptance notice after the application is sent on the application date; Notice of patent publication can be received within 0/8 months from the date of application; The examination of American invention patents also needs substantive examination, which will last for one year.
On the whole, it takes about two years for an applicant to apply for a certificate.
design patent
Design patent authorization time is not short. In the United States, the examination of design patents is strict, and besides formal examination, substantive examination is also needed. Applicants can still get the acceptance notice within two months, get the audit opinion within one year, and then complete the authorization and certification within six months.
Reference source: Baidu Encyclopedia-American patent system