1. Invention patent
Invention patents are the most common and can benefit inventors the most. You must be a "functional" invention to apply for an invention patent. Inventions that can be applied include processes, machines, products and compositions. The process can be a method or a new application of the invention. The United States excludes nuclear materials and atomic energy used in weapons from the scope of patent law protection.
2. Design patents
Patentfordesign: You can apply for a new style patent only if the appearance is design. The scope of new patent protection is mainly limited to the appearance of the goods shown in the patent.
3. Plant patents:
Patentforplant: As a big agricultural country, the United States attaches great importance to inventions in the field of plants. It not only lists plant patents separately, but also makes many regulations especially suitable for plant inventions in terms of application and protection. Article 25 of China's patent law lists new plant varieties as the scope that cannot be protected by patents, but American plant patents do not exclude plant varieties. An invention-creation applying for a plant patent must be an innovative special plant cultivated through asexual reproduction or sexual reproduction. A plant can only have one patent.
The United States does not protect utility model patents, but this is not unique to the United States, because many patent offices in the world do not protect utility models. There are three ways to apply for a patent in America: 1. Apply for a patent directly in the United States (confidential examination needs to be conducted in China Patent Office in advance, and you can apply for a patent directly in the United States after the confidential examination 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).