I. American invention patents
1. Documents needed to apply for American invention patent
1) Description, drawings and inventor's name
2) Letter of appointment and affidavit (which can be supplemented later)
2. Priority requirements of American invention patent applications
1) file an application for priority within 12 months from the filing date of the first application in other countries.
2) The priority can be claimed within 4 months after the application or within 16 months from the priority date.
3) claim domestic priority within 12 months from the filing date of the provisional application.
3. Examination procedure of American invention patent application
1) review system, and adopt the principle of invention priority.
2) The patent application was published 18 months after the filing date (priority date).
4. Patent maintenance fee for American invention patents
The maintenance fee shall be paid in the third and a half years, the seventh and a half years and the 1 1 year and a half respectively from the date of issuance.
5. Duration of American invention patents: 20 years from the date of filing.
Tips:
Patent applications can still be submitted within 1 year after publication.
2. New American patents
1. New American patent application documents
1) Description and drawings
2) Letter of appointment and affidavit (which can be supplemented later)
2. Priority requirements for new patent applications in the United States
1) file an application for priority within 6 months from the filing date of the first application in other countries.
2) The priority can be claimed within 4 months after the application or within 16 months from the priority date.
3. Examination procedure of new patent applications in the United States: examination system.
4. Patent maintenance fee for new American patents: no maintenance fee is required.
5. Term of new American patent: 14 years, from the date of issuance.
Tips:
You can still file a patent application within six months after publication.
Three. Matters needing attention in applying for American patent
(1) related expenses
Because there are many patent cases in the United States, and in order to reduce the applicant's expenses, the patent has a discount of half 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) Any company/group that cannot be classified as an individual (inventor) or can't be proved as a non-profit organization or small business according to this clause when the invention right is not transferred, granted, transferred or allowed to be manufactured by anyone (ww.dggdf.com).
(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 Article 50 1(C)(3) of the Internal Revenue Ordinance1945 (26 U.S.C.501(c)) and in the Internal Revenue Ordinance (26 U.S.C. 5065438)
(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) Signing documents
This document needs the signature of the applicant. When the applicant is an enterprise, it should be signed by the president, vice president, senior staff or financial supervisor of the enterprise. Moreover, the person with the title of manager does not belong to the category of the above-mentioned enterprise director and is not qualified to sign such documents.
(4) Time limit for submission
1. document-It is best to submit it to the Patent Office together with other documents at the time of application, so as to avoid paying the cost of supplementary documents, but it cannot 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 a late fee will be paid.
2. Before the filing date-after the filing date, the Patent Office shall retrieve the report and examination results, etc. , three days from the date of mailing by the Patent Office.
Submit it to the patent office in June, otherwise you will have to 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 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.