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Patent- USA

Summary

There are three types US Patent, i.e. Utility Patent, Design Patent and Plant Patent. Among these three types of US Patent, there are “provisional” and “non-provisional” applications for Utility Patent and Plant Patent. And the official fees are different depending on entities of applicant, i.e. large entity, small entity or micro entity.

Application Procedure

  1. Preparing specification and drawings: Drafting specification and translating specification into English version.
  2. Reviewing specification: Confirming the technical contents in the specification by clients.
  3. Filing patent application with USPTO: The invention patent application will be published on 18 months from filing date, and substantive examination takes about 2-3 years. The examination period for design patent application takes around 8-12 months.
  4. Granting: The issue fee should be paid to obtain patent right. The duration of Utility Patent right is 20 years from filing date (if no PTA is given). The maintenance fee shall be paid before 3.5th year, 7.5th year and 11.5th year counting from date of issuing patent. The duration of Design Patent is 15 years from date of issuing patent, and no annuity is necessary to maintain design patent right.

Required Documents

  1. Information of applicant: Applicant’s name and address in Chinese and English
  2. Information of inventor: Inventor’s name in Chinese and English
  3. English Specification and drawings
  4. Inventor’s Oath
  5. Micro entity certification(only when applicant meets requirement of being micro entity)
  6. Assignment Deed(if the applicant is not inventor)
  7. Power of Attorney
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