How long is the protection period of American industrial design?

Submitted by 页之码 on

15 years

专利申请流程

US U.S.

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

    no

  • Is a US design application eligible for DAS?

    yes

  • 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.

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

    15 years

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

    2-3 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

  • US design authorization and annual fee instructions

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

  • 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.

  • 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.

  • 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.