How long does it take for a US invention patent application to be granted?

Submitted by 页之码 on

2-3 years

专利申请流程

US U.S.

  • Which is the competent authority for US invention patent applications?

    USPTO

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

    Website: www.uspto.gov

    US invention patent search: Patent Public Search | USPTO

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

    20 years

  • Whether the U.S. invention patent application can be type-converted

    no

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

    15 years

  • What are the requirements for the US invention patent application documents

    Filing Language: English

    via Paris Convention via 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. Microorganism preservation certificate and its English translation
    3. Microorganism Survival Certificate and Its English Translation
    4. Scanned Copy of Certified Priority Document / DAS
    5. Power of Attorney
    6. small entity declaration
    7. inventor statement
    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. Enter the US national phase 19/28/34/41 Amendments
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its English translation
    6. Microorganism Survival Certificate and Its English Translation
    7. Power of Attorney
    8. small entity declaration
    9. inventor statement
    10. Declaration of Ownership/Certification of Employment/Assignment of priority
    11. Assignment for Patent Right Transfer
    12. IDS Form/IDS Document/prior art

  • 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.

  • Is it possible to apply for a combined appearance in a U.S. industrial design application?

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

  • What are the requirements for US design application documents

    Filing Language: English

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Certified Priority Document
    2. Power of Attorney
    3. Certified Priority Document
    4. small entity declaration
    5. inventor statement
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. IDS Form/IDS Document/prior art

  • 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 a US design application eligible for DAS?

    yes