Whether the US invention patent application can be DAS

Submitted by 页之码 on

yes

专利申请流程

US U.S.

  • Is a US design application eligible for DAS?

    yes

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

    15 years

  • US Invention Patent Application Authorization and Annual Fee Instructions

    • Grant fee: The applicant shall pay the granted registration fee within 3 months after receiving the notification of granted decision.
    • Annuity: Three annual fees shall be paid in the 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 overdue period, but 25% of the annual fee of the current year shall be paid at the same time as a penalty.

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

    no

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

    2-3 years

  • 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

  • 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 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.

  • 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

  • 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.