The most comprehensive strategy for applying for US patents to protect intellectual property rights! The materials and the whole process that need to be prepared are all here!

In the last article, we talked about how to search for appearance patents that are often encountered in cross-border trade, and listed practical examples for everyone. Then in this article, we will continue to talk about how to apply for patents and answer some questions about common problems. Since our readers are mainly sellers in the American market, this time we will talk about how to apply for patents in the United States. First of all, we should know that our common patents are mainly the appearance patents and invention patents mentioned above. What is the difference between the two?

Appearance patent: the application for appearance patent mainly protects the novel, original and decorative appearance design of the manufactured product. It is a purely aesthetic design of the product, and its protection scope shall be subject to the patented product of the design shown in the picture or photo.

Invention patent: The contents protected by the application for invention patent mainly include product invention and method invention. Product inventions include all things created by people, such as inventions made to machines, equipment, instruments, compositions, etc. Method invention can be divided into two types: manufacturing method and operation method, such as the invention of processing method, manufacturing process, testing method or product use method.

There are three main ways to apply for patents in the United States:

1. Apply for a patent directly to the United States. That is, according to their own needs, the applicant directly submits the application documents that meet the local regulations to the responsible department of the required country or region, so that his application can be protected in that country more quickly. (You need to make a confidentiality review in China Patent Office in advance. After the confidentiality review is passed, you can directly apply for a patent in the United States; If the patent does not need to be applied in China in the future, it can be directly submitted to the United States without confidentiality);

2. Apply for a patent in the United States through the Paris Convention. It stipulates that on the basis of filing a formal application to one of the contracting States for the first time, the applicant may apply to any other contracting state for protection within a certain period of time, and the date of application thereafter will be regarded as the same as the date of the first application. (The priority is only 12 months. If you miss the 12-month priority date, you can re-enter the United States within two months by submitting a recovery request and paying additional fees);

3. Apply for a patent in the United States through the PCT Patent Cooperation Treaty. An applicant can file an international patent application and apply for the protection of his invention in most countries in the world. PCT has many advantages, such as speed, high cost and strict examination. If there is no excellent technology, the patent will be rejected. (The priority can be up to 30 months, and if the priority date is missed, you can re-enter the United States by submitting a recovery request and paying an additional fee.)

Basic introduction of patent application in the United States and required information;

American patent application process:

Submit an application: After the application is submitted, the USPTO will issue an official receipt. Formal review: After the formal review is passed, USPTO will issue a formal official acceptance notice. Publicity: it will be published automatically within 18 months from the application date or priority date after examination and approval, or within 18 months from the application date at the request of the applicant. Substantive review: generally, review opinions are issued within 12 to 18 months, including patent grant and patent Rejection. If the patent is rejected, the applicant will usually have two chances to reply, and the exception may be three or four times. If rejected, the applicant must give a reply within 3 months from the date of receiving the notice. Patent registration procedures: if there is no reason for rejection after examination, a notice of authorization will be issued, and the applicant shall go through the patent registration procedures within 3 months from the date of receiving the notice and pay the registration fee. If the license fee is not paid within the time limit, the application will be deemed to be abandoned. It should be noted that applying for a patent in the United States requires an American lawyer to represent you, or you need to have your own company in the United States to apply in the name of an American company. The following links can help you find a lawyer to choose from.

https://oedci.uspto.gov/OEDCI/

However, if you are an inventor or small business with limited resources and need help to apply for an invention patent, you may be eligible for free legal representation through the Law School Clinic Program or the Patent Public Welfare Program. For details, please click the following two links:

https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1

https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program

FAQ:

Question 1: I already have this patent in China. Do I still need to apply in the United States?

A: Because patents have national boundaries, if your products need to be sold in the United States, you’d better apply for patents. Because in the United States, patent is an intangible asset and an important tool to enhance the competitiveness of enterprises.

Question 2: Are all the products I sell in America suitable for patent application?

A: Not all products are suitable for application. If you have greater confidence in the sales volume and future market share of this product, and this product has a very long life cycle, then you can consider applying for a patent. On the other hand, it is not recommended to apply for a patent for some products with short life cycle and easy replacement, except for the core technology or representative appearance of the products. Because the period of patent application in the United States is very long, it usually takes 1~2 years from application to acquisition, and the time required should also be taken into account when you apply for a patent.

Question 3: How much does it cost to apply for a patent in the United States?

A: Patent applications need to pay basic fees and additional fees, including search fees, examination fees and issuance fees. The fee varies according to the type of patent application you submit. For details of the charges, please refer to the following table, which links to the charging standards given by the US authorities: https://www.uspto.gov/learning-and-resources/fees-and-payment/USPTO-fee-schedule.

Question 4: How to protect your products in the market after the patent application is passed?

A: If we find a merchant selling related products containing our patents on the platform at this time, we can first submit a description of the relevant infringing links to the platform, so that the platform can remove the related products from the store. If your rights and interests are seriously infringed, the platform will even close the store for the seller. If you find that there are multiple sellers infringing, you can also collect evidence, contact American lawyers, take them to court and demand compensation. Because the cost of hiring American lawyers is high, this method is generally not used by people except big companies and brands that face many infringing businesses.

Thank you for reading, and today’s sharing is over. Maijia Support will continue to bring you the latest infringement news. For more exciting content, you can pay attention to the WeChat public platform-“Maijia Support”, and immediately check the latest trend of your US case, whether it is a default judgment and other sellers’ settlement and counterclaims (real-time synchronization of US judicial case system data). If a seller whose funds are frozen needs legal assistance in litigation and settlement, you can contact us on WeChat WeChat official account, and we will provide you with the best legal consulting service.