Before (1)20 13, the United States practiced the invention-first system, while the patent system in China adopted the application-first system;
(2) There is a "grace period" in the patent law of the United States, which allows the applicant to retain the right to apply for a patent within 1 year after the first disclosure of the invention, that is, the inventor's own disclosure will not affect his patent application within 1 year. There is no "grace period" in China's patent law, and making it public in any way before the filing date will lead to the loss of novelty;
(3) There is a temporary patent application in the patent law of the United States, but a formal application must be filed during the period of 1, otherwise the temporary application will be deemed invalid, and there is no temporary application system in China; American patent applications have extension applications and extension reviews, while China patent applications do not;
(4) The U.S. Patent Office does not compel the applicant to provide the known prior art (public statement) to the U.S. Patent Office, and the patent right is invalid if it is concealed;
(5) US patent applications must be searched and reviewed at the same time, while China patents are not searched, and the filing period is within 3 years from the priority date;
(6) China patents have utility model patents, but American patents do not;
(7) The calculation standards of the excess cost of patent claims in China and the United States are different. China's patent charges excess fees after the total number of claims exceeds 10, while the United States charges excess fees for claims: the total number of claims exceeds 20 (multiple dependent claims need to be split), and independent claims exceed 3, resulting in multiple dependent claims.
Documents required to apply for a US patent
(1) American patent application for invention and design:
Description, patent application part and drawings
Affidavit and power of attorney
Small individual declaration (the applicant is an individual, or a small enterprise with less than 500 employees, or a non-profit organization)
(2) Priority of creditor's rights:
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).
(3) novelty requirements (first invention principle and one-year preferential period principle)
An invention loses its novelty if it is patented in the United States or other countries or published in publications, 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.