1. application path
1. Apply for a patent directly to the United States; 2. Apply for a patent to the United States through the Paris Convention; 3. PCT application enters the U.S. national phase.
2. Review Form
The examination forms of American invention patents are divided into formal examination and substantive examination. After the formal review is approved, the USPTO will issue a formal official acceptance notice, usually 2-6 months after submission. If the PCT enters and the PCT has not been disclosed, the USPTO will wait until the PCT is disclosed before starting the formal review, which will take a long time. After the examination is passed, it will be automatically published within 18 months from the date of application or priority or within 18 months from the date of application according to the applicant's request. Generally, it takes 12 to 18 months to issue substantive review opinions, and the applicant must respond within 3 months from the date of receipt of the notice (the response period for partial review opinions is two months). The applicant may submit a request for an extension of the period up to the sixth month. U.S. patent applications generally receive 1-2 substantive review opinions. If they cannot overcome the final rejection of the review opinions, they can choose to continue to reply (with low probability of adoption) or submit a reply and RCE (similar to China's review, but the U.S. RCE is not limited in number of times. After the official fees are paid, the USPTO will conduct a re-examination, and the process will be the same as the new case), or request an appeal. If no reason for rejection is found after examination, a notice of authorization is issued, and the applicant shall, within three months from the date of receipt of the notice (this period cannot be extended), go through the patent registration procedures and pay the registration fee.
3. protection period
invention patent protection shall be 20 years from the date of application. After the invention patent is authorized, the annual fee shall be paid three times in the third and a half years, seven and a half years and 11 and a half years from the date of authorization to maintain the validity of the patent.
4. Application Language
English
5. to submit documents
1. Priority information: priority date, priority number, national/PCT number and written search report. For undisclosed cases, please provide PCT application documents and priority information;
2. English name, address and nationality of the inventor and applicant;
3. English description (including description, drawings, claims, abstract);
4. Indicate whether the applicant/inventor is a large entity, a small entity, or a micro-entity.
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