What are the ways to apply for a U.S. patent, and the special procedures in U.S. patent applications
1. Directly apply for a patent in the United States (you need to undergo a confidentiality review in advance at the China Patent Office. After passing the confidentiality review, you can directly apply for a patent in the United States);
2. Apply for a patent in the United States through the Paris Convention (within 12 months from the priority date);
3. Apply for a patent in the United States through the PCT Patent Cooperation Treaty (within 30 months from the priority date).Special procedures in U.S. patent applications
1. Fee mitigation procedures for applicants who are “small entities.” The U.S. Patent Law stipulates that applicants who fall into the following three categories or situations can enjoy a 50% reduction in various fees, including application fees. Chinese applicants can obtain this through a declaration if they meet one of the following conditions: The right to fee deferral to reduce the burden of application fees.
2. Information disclosure procedures. To put it simply, the party applying for a patent (including the inventor, assignee, agent, etc.) must notify the U.S. patent if it has technical information related to the patentability of the invention (including patent and literature data, search reports, examination opinions, etc.) bureau.
3. Continue the review process. This procedure is somewhat similar to the reexamination procedure after rejection of a patent application in China. According to U.S. patent law, a continuation examination case is usually filed within 6 months after the applicant receives the final rejection. The purpose of filing a continuation examination case is to Continuation review.
4. Division application procedure. The procedure is similar to the issue of patent unity in China and division applications in the United States.The procedure is that the examiner follows the U.S. Patent Law (35USC) 121, the U.S. Patent Law Implementing Regulations (37CFR),
5. Patent Examination Highway Procedure. Since the U.S. patent examination procedures and systems are relatively complex and the review and authorization cycle is long, many intellectual property offices including the United States have begun to gradually trial the PPH program.
The above is an introduction to the ways and special procedures for applying for a U.S. patent. Those who want to apply for it should be aware of this introduction. Of course, you also need to submit relevant materials when applying to comply with relevant local regulations. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
