What are the types of American patents?

What are the types of American patents? How to apply for a US patent in China? A few days ago, China and the United States issued a joint statement on bilateral economic and trade consultations, saying that the trade war should be stopped. The two sides attached great importance to intellectual property protection and agreed to strengthen cooperation. Major media commented that the China government has always attached great importance to the protection of intellectual property rights, and its advanced experience in solving social problems with technology is worth popularizing worldwide. The Sino-US Joint Statement on Economic and Trade Consultation also revealed that China will promote the revision of relevant laws and regulations, including the Patent Law. During the two sessions of the National People's Congress, He Zhimin, deputy director of China National Intellectual Property Administration, said that the enforcement of intellectual property infringement would be strengthened, and the Patent Law being revised also planned to increase the amount of compensation for intellectual property infringement. Let's share with you the specific matters about the US patent application, hoping to help you!

What are the types of American patents?

The United States is a member of the Paris Convention and PCT, so you can apply for a patent in the United States directly through the Paris Convention or through PCT. The types of American patents include utility model patents, design patents and plant patents, but not utility models.

How to apply for a US patent in China?

Various ways to apply for American patent:

1. Apply for a patent directly to the United States (confidentiality review is required in China Patent Office in advance, and you can apply for a patent directly to the United States after the confidentiality review is passed);

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 (priority can reach 30 months).

Materials needed to apply for a US patent

1, specification, patent application part and attached drawings;

2. affidavit and power of attorney;

3. Priority: If the same invention (or design) has been applied in other Paris Convention countries, and the original application date is claimed in the United States, an application shall be filed with the United States Patent Office within one year (including Taiwan Province Province) from the application date of the first foreign application (the design is half a year).

4. Novelty requirements (the principle of first invention and the principle of one-year preferential period): an invention loses its novelty when it is patented in the United States or other countries or publicly used or sold in the United States for more than one year; On the other hand, if it is less than one year, it still has the novelty of applying for a patent.

The examination and approval process of American patent application

(1) The approval process of the US patent application is as follows:

The inventor or his authorized person submits an application to the USPTO acceptance department for acceptance, determines the date of receipt and gives the application number → the application department conducts formal review and determines the application date, and completes document processing and data collection. At the same time, the right transfer department handles the related affairs of right transfer → classification → assigning the application to the audit department for audit according to the classification number.

(2) The review process mainly includes:

1, formal review and retrieval;

2. Substantive review;

3. The applicant's reply;

4. Review again;

5. Make a final decision → If you are not satisfied with the decision, you can appeal to the Patent Appeal and Conflict Committee.

Time limit for examination of American patent applications

1. Generally speaking, after getting the application, there will be an audit result in about one to one and a half years.

2. If new contents are added when the drawings or specifications are revised, if the members of the review committee do not accept it, they can apply for a partial continuous case (CIP), but they should apply before the original case is abandoned, and the application date is the same as the original case.

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