U.S. Patent Application

Introduction to U.S. Patent Applications

The United States is a member of the Paris Convention and also a member of PCT, so you can apply for a patent in the United States directly through the Paris Convention, or you can apply for a patent in the United States through PCT. American patent types include utility patent, design patent and plant patent, excluding utility model.

U.S. Patent Application Process

It generally takes 1.5-2 years from the application date to the authorization

U.S. Patent Application Materials

1. Power of Attorney.

2. Name, address and zip code of the patent applicant.

3. Name, address and zip code of the inventor.

4. Chinese application acceptance.

5. Application documents (including the description, claims, abstract and drawings).

Advantages of US patent application

Popular answers

Q: What documents need to be prepared to apply for a US patent?

A: (1) The Paris Pact approach: after applying in China, file a U.S. patent application with the U.S. Intellectual Property Office before the expiration of 12 months from the first earlier patent application date (i.e. priority date), and you can enjoy the treatment of priority, and you need to submit priority certification documents. Documents and information required for the application: application documents: including the specification, claims, drawings of the specification, abstract, drawings of the abstract; Application information: name, address and zip code of the applicant and inventor in English and Chinese, application country, contact person, etc; Priority information; a power of attorney;

(2) PCT approach: According to the provisions of PCT, the applicant can submit an international application through PCT, and designate to apply for patents in almost all countries in the world, that is, within 12 months from the application date (priority date) of the earlier application in China, he/she can file a PCT international application with the State Intellectual Property Office of China, and within 30 months from the priority date, he/she can file an entry application with the United States Intellectual Property Office. Documents required for application: PCT public documents; International Search Report; Revised documents at PCT stage (if any); a power of attorney.

Q: What if the US patent application is rejected?

A: If the examiner still disagrees with the applicant's opinion after the US patent has replied to the first examination opinion, it will issue a Final Office Action to reject the applicant's defense, but the rejection does not mean the termination of the case. The applicant can take the following ways:

(1) Modify the scope of the patent according to the opinions of the examiner;

(2) Appeal to the Appeal Board;

(3) RCE (Application for Continuing Review) to obtain the opportunity to continue the defense.