How to apply for a US patent? What is the patent application process in the United States?
Recently, it was reported that the US Patent and Trademark Office issued 320,003 utility model patents in 2065,438+07, an increase of 5.2% over the previous year. China is on the rise, and the number of patents granted in the United States has increased by 28% compared with last year. It can be seen that the popularity of applying for American patents is still growing rapidly, so how to apply for American patents? What is the patent application process in the United States? We will introduce it to you in the following article. How to apply for a US patent? What is the patent application process in the United States? 1. Process of filing an application for a US patent: the application fee, search fee, examination fee and application documents need to be paid at the same time when submitting the application, otherwise a late fee will be incurred; After the application is submitted, USPTO will issue a formal receipt, and you can immediately see the main information of the case such as the application number; In addition, the United States has special requirements for claims settlement. If there are multiple citations, additional official expenses will be incurred: 780 dollars for large entities, 390 dollars for small entities and 195 dollars for micro entities. If it is cited many times, it will not be accepted by USPTO. Therefore, when entering the American stage, we will make preliminary amendments to the claims according to the requirements of the American patent law to avoid additional costs. If the existing technology is mentioned in the specification, PCT retrieval report or review comments, an id needs to be made and submitted to USPTO. If IDS is not submitted, when the patent validity is involved in the future, if it is deemed as intentional deception, the authorized patent may be invalid; 2. Formal review of the process of applying for a US patent: After the formal review is passed, the USPTO will issue a formal official acceptance notice; 3. Disclosure of the U.S. patent application process: automatic disclosure after examination and approval within 18 months from the filing date or priority date, or disclosure within 18 months from the filing date at the request of the applicant; 4. Actual review of the US patent application process: generally, review opinions will be issued within 12 to 18 months. If rejected, the applicant must give a reply within 3 months from the date of receiving the notice. The applicant can request an extension of the time limit, which can be extended for up to 3 months; Generally, American applications will receive a review opinion from 1-2. If the review opinion can't be overcome and is finally rejected, you can choose to continue the defense (the probability of passing is low) or submit the defense and RCE (somewhat similar to the mid-evaluation, but the RCE is unlimited, and the USPTO will re-examine it after paying the formal fee, and the process is the same as the new case), or request an appeal. 5. In the process of patent application review in the United States, if some claims can be authorized, you can also seek authorization first. Unauthorized claims can be submitted to the continuation application (CA) to continue to argue with the examiner. If the applicant needs to add new substantive content during the application process, he can submit a partial continuation (CIP), and the newly added content does not enjoy the priority of the parent case. CA and CIP need to be submitted before the parent case pays the authorization fee, and the official fee is the same as the new case. After authorization, there is a separate patent certificate (which can be regarded as an independent patent in China and received corresponding government subsidies). 6. Patent registration procedures for applying for a patent in the United States: if no reason for rejection is found after examination, a notice of authorization shall be issued, and the applicant shall go through the patent registration procedures and pay the registration fee within three months from the date of receiving the notice. About how to apply for American patent. What is the patent application process in the United States? We are here to answer this question for you. If you have more questions about patent application, you can continue to pay attention to Bajie Intellectual Property or contact us by phone.