How long is the protection period of the US invention patent application

Submitted by 页之码 on

20 years

专利申请流程

US U.S.

  • Whether the US invention patent application can be DAS

    yes

  • How long is the deadline for US industrial design application

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

  • Can the priority right of a U.S. invention patent application be restored?

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

  • Features of the U.S. invention patent application process

    The USPTO conducts formal and substantive examinations of patent applications. The substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. The applicant is obliged to disclose through the Information Disclosure Statement (IDS) details of information 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 announcement of the grant of the patent or the withdrawal of the patent application. Failure to disclose significant prior art may result in the patentee being unable to enforce the underlying patent.

    • No official fee is required if the IDS is filed within three months from the filing date or before the first office action is issued.
    • An additional official fee is payable if the information cited in the IDS appeared in a foreign patent application three months before the filing of the IDS, or if the applicant or the applicant's representative completed the invention three months ago

  • Is a US design application eligible for DAS?

    yes

  • How long is the protection period of the US invention patent application

    20 years

  • How long is the protection period of American industrial design?

    15 years

  • How long is the PCT period for US invention patent application?

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

  • Features of the U.S. design patent application process

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

    • No official fee is required if the IDS is filed within three months from the filing date or before the first office action is issued.
    • Additional official fees are payable if the information cited in the IDS appeared in a foreign patent application three months before the filing of the IDS, or if the applicant or the applicant's representative completed the invention three months ago.

  • Is the U.S. industrial design application convertible?

    no