Guide for US patent application process

Patent Trademark

American Profile

The United States of America, commonly known as the United States in Chinese, is a federal republic composed of 50 states, 1 special district, 5 self-governing territories and outer islands under its jurisdiction. The 48 contiguous states and the federal district of Washington, D.C. are located in central North AmerRead more

American Profile

The United States of America, commonly known as the United States in Chinese, is a federal republic composed of 50 states, 1 special district, 5 self-governing territories and outer islands under its jurisdiction. The 48 contiguous states and the federal district of Washington, D.C. are located in central North America, between Canada and Mexico. Alaska is located in the northwest of North America, west of Canada, and east of Russia across the Bering Strait. Hawaii is an archipelago in the central North Pacific Ocean. The country also has five occupied territories and nine unoccupied territories in the Pacific and Caribbean regions.

US Intellectual Property Legal System

  • "Patent Law"
  • "Patent Regulations"
  • "trademark law"
  • "Trademark Rules"
  • Copyright Act

International Organization/Agreement

  • National Defense Authorization Act for Fiscal Year 2012
  • The U.S.-Panama Trade Promotion Agreement Implementation Act
  • The U.S.-Colombia Trade Promotion Agreement Implementation Act
  • The U.S.-Korea Free Trade Agreement Implementation Act
  • Section 355 of the Federal Food, Drug, and Cosmetic Act
  • Consolidated Antitrust Law
  • Biologics Price Competition and Innovation Act
  • Federal Alcohol Control Act
  • National Stolen Act
  • Prescription Drug User Fee Amendment
  • The Tariff Act
  • Federal Food, Drug, and Cosmetic Act
  • Ministry of Justice Adjustment Act for the 21st Century
  • "Nuclear Energy Regulation Act"
  • Indian Arts and Crafts Enforcement Act
  • Economic Espionage Act
  • Native American Burials Protection and Repatriation Act
Read less

Filing Language
English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

English: United States Patent and Trademark Office, abbreviation: USPTO

Website: www.uspto.gov

US invention patent search: Patent Public Search | USPTO

  • In 2001, the United States launched a new patent document numbering rule, which is still in use today. The coding rules of USPTO are different from the application number rules of most other countries. The application number has a 2-digit serial number, which represents different application/request types. Every million numbers is a cycle period, and the multi-year cycle number is:
    • 【2-digit serial number】+【/】+【6-digit serial number】
      • 01-28 Used for patent applications, new varieties of plants, re-announced patent applications, legally registered invention requests, etc.
      • 29 for design patent applications
      • 60/61 for provisional applications for patents
      • 90 for ex parte reexamination requests
      • 95 for both parties reexamination requests

Filing Language: English

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and English Translation
  3. Viability Statement of Microorganism and English Translation
  4. Scanned Copy of Certified Priority Document / DAS
  5. Power of Attorney
  6. Declaration of Small Entity
  7. Declaration of Inventorship
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer
  10. Notification issued by CNIPA notify the applicant the application has passed through the security review.
  11. IDS Form/IDS Document/Prior art

 

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and English Translation
  6. Viability Statement of Microorganism and English Translation
  7. Power of Attorney
  8. Declaration of Small Entity
  9. Declaration of Inventorship
  10. Declaration of Ownership/Certification of Employment/Assignment of Priority
  11. Assignment for Patent Right Transfer
  12. IDS Form/IDS Document/Prior art

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

USPTO conducts formality and substantive examinations for patent applications. The substantive examination starts automatically and the applicant does not need to file a separate request. The applicant is obliged to disclose details of information through the Information Disclosure Statement (IDS) that has an impact on the patentability of the invention, including but not limited to prior art, publications, sales records, etc. This obligation extends to the stage of granted or the withdrawal stage. Failure to disclose significant prior art may result in the patentee being unable to the implement patent.

  • No official fee is required if IDS is filed within 3 months from the filing date or before the first office action is issued.
  • If the information cited in IDS appeared in a foreign patent application, or appeared if the applicant or the applicant's representative completed the invention, 3 months before the filing of IDS, an additional official fee will be requested to pay.

If the disclosure is caused by the inventor or the information source of the discloser is the inventor; or if the disclosure occurs again after being disclosed by the above-mentioned subject, the patent enjoys a novelty grace period within 12 months before the filing date/priority date.

2-3 years

  • Grant fee: The applicant shall pay the granted registration fee within 3 months after receiving the notification of granted.
  • Annuity: Applicant need to pay 3 times of annuity in 3.5th year, 7.5 years and 11.5 years from the date of granted, and the payment may be postponed within 6 months after the grace period, but 25% of the annual fee of the current year shall be paid at the same time as a penalty.

Reinstatement of the right of priority on the grounds of "unintentional" is accepted and subject to payment of the right of priority restoration fee.

Yes

No

Name of Patent Office

English: United States Patent and Trademark Office, abbreviation: USPTO

Website: www.uspto.gov

US Design Patent Search: Patent Public Search | USPTO

  • In 2001, the United States launched a new patent document numbering rule, which is still in use today. The coding rules of USPTO are different from the application number rules of most other countries. The application number has a 2-digit serial number, which represents different application/request types. Every million numbers is a cycle period, and the multi-year cycle number is:
    • 【2-digit serial number】+【/】+【6-digit serial number】
      • 01-28 Used for patent applications, new varieties of plants, re-announced patent applications, legally registered invention requests, etc.
      • 29 for design patent applications
      • 60/61 for provisional applications for patents
      • 90 for ex parte reexamination requests
      • 95 for both parties reexamination requests

Filing Language: English

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Certified Priority Document
  2. Power of Attorney
  3. Certified Priority Document
  4. Declaration of Small Entity
  5. Declaration of Inventorship
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. IDS Form/IDS Document/prior art

15 years

  • via Paris Convention : 6 months from earliest priority date.
  • via Hague Agreement route: 6 months from earliest priority date.

USPTO conducts formality examination and substantive examination of the design application, and the substantive examination starts automatically. The applicant does not need to file a separate request and can only file one claim. The applicant is obliged to disclose details of information through the Information Disclosure Statement (IDS) that has an impact on the patentability of the invention, including but not limited to prior art, publications, sales records, etc. This obligation extends to the stage of granted or the withdrawal stage. Failure to disclose significant prior art may result in the patentee being unable to the implement patent.

  • No official fee is required if IDS is filed within 3 months from the filing date or before the first office action is issued.
  • If the information cited in IDS appeared in a foreign patent application, or appeared if the applicant or the applicant's representative completed the invention, 3 months before the filing of IDS, an additional official fee will be requested to pay.

If the disclosure is caused by the inventor or the information source of the discloser is the inventor; or if the disclosure occurs again after being disclosed by the above-mentioned subject, the patent enjoys a novelty grace period within 12 months before the filing date/priority date.

  • Grant Fee: The applicant shall pay the granted registrar's fee 3 months after receiving the granted notice.
  • Annual Fee: None.

1-1.5 years

No

Yes

Yes. If the appearance of the designs embodying the same design concept is similar, the multiple design may be combined in one design application.

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