There are three ways to apply for a patent in the United States:
1. Apply for a patent directly to the United States (confidentiality review is required in China Patent Office in advance, and after the confidentiality review is passed, you can apply for a patent directly to the United States);
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).
American patent application channels:
When applying for American patents, there are more ways than domestic patent applications. There are generally two ways to apply for a US patent. According to the American patent application methods and required documents, the earlier application is an invention or utility model, and the application methods include the Paris Convention and the Patent Cooperation Treaty (PCT).
Paris Convention: After filing an application in China, you can enjoy priority treatment by filing a patent application with the US Intellectual Property Office from the first prior patent application date (i.e. priority date) and before the expiration of 12 months, and you need to submit a priority certificate. Documents and materials required for application:
(1) Application documents: including specification, claims, drawings of specification, abstract and abstract drawings;
(2) Application information: Chinese and English names, addresses and postal codes of the applicant and inventor, country of application, contact person, etc. ;
(3) Priority information
(4) Power of attorney;
Second, the way of Patent Cooperation Treaty (PCT): PCT is the English abbreviation of Patent Cooperation Treaty, which is an international treaty related to patent application. According to the provisions of the PCT, the applicant can submit an international application through the PCT channel and designate to apply for a patent in almost all countries in the world, that is, to file a PCT international application in China National Intellectual Property Administration, China within 12 months from the filing date (priority date) of the earlier application in China, and to file an entry application in the US Intellectual Property Office within 30 months from the priority date.
It can be seen that every country has different regulations on patent protection, and patent protection between countries is more severe. In order to protect their products, they usually apply for patent registration in advance, and the cost of patent application will change for various reasons.
Extended data:
American patents are divided into large entities, small entities and micro entities according to the size of applicants, and the application fees of these three entities are also different. Let's take microscopic entities as an example to illustrate:
1. The patent application fee for American design is about 5,500 yuan.
2. The cost of authorization stage is 3000 yuan.
3. If you need to draw, you need to pay an extra drawing fee of 1000 yuan.
The total cost of American design patents is about 9500 yuan.
In addition, regarding the official expenses of the application for a patent for appearance in the United States, the official expenses of the application for a patent for appearance in the United States consist of the expenses of the application stage and the authorization stage.
Legal basis:
Article 103 of the Patent Law of People's Republic of China (PRC) The applicant for an international application shall, within 30 months from the priority date mentioned in Article 2 of the Patent Cooperation Treaty (hereinafter referred to as the priority date of this chapter), go through the formalities for entering the national phase of China with the patent administration department of the State Council; If the applicant fails to do so within the time limit, he can go through the formalities of entering the national phase of China within 32 months from the priority date after paying the grace period fee. Article 114 Where an international application for a patent right for invention is published internationally by the International Bureau in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of international publication; Where the International Bureau publishes internationally in a language other than Chinese, the provisions of Article 13 of the Patent Law shall apply as of the date of publication by the patent administration department of the State Council. For international applications, the publication mentioned in Articles 21 and 22 of the Patent Law refers to the publication specified in the first paragraph of this article.