1, function
(1) adopts the principle of "invention comes first", that is, when different parties apply for a patent for an invention with the same content, the earlier inventor enjoys the right to obtain a patent; (2) adopt the "inventor" system to confirm the qualification of patent applicants. That is, the applicant for a patent must be the inventor himself. Even if it is a service invention, the service inventor applies for a patent right, and after the patent right is obtained, it is transferred to the employer;
(3) adopt "real-time examination system" and "closed examination system", that is, the patent office independently examines the patentability of inventions, and the patent office conducts both formal examination and substantive examination of invention applications, excluding third parties in the examination process; The examination materials and application files are kept confidential, and the patent application files will only be made public after the patent right is announced;
(4) Establish a judicial institution for patent protection with clear responsibilities. In the United States, general patent litigation cases are accepted by the federal district court, and the Circuit Court of Appeals is responsible for the appeal. Patent litigation cases against foreigners are accepted by the federal district court of the District of Columbia.
2. Documents required to apply for a US patent
(1) Application
(2) Declaration, in which the inventor must be sworn as the real inventor, stating that he has read and understood the contents of the specification, and will disclose any technical information related to the patentability of the application to the Patent Office.
(3) Description, including its contents, scope of rights and abstract.
(4) drawings, unnecessary
(5) Power of attorney, power of attorney and affidavit (which can be supplemented later)
(6) Transfer, when the applicant is a company, the inventor needs to transfer the patent application right to the company, that is, it needs to sign the transfer letter.
(7) Small entities declare that individuals, enterprises with less than 500 employees and non-profit units belong to small entities.
2. Priority requirements of American invention patent applications
1) file an application for priority within 12 months from the filing date of the first application in other countries.
2) The priority can be claimed within 4 months after the application or within 16 months from the priority date.
3) Domestic priority claims within 65,438+02 months from the filing date of the provisional application. 3. The examination procedure of the examination system of American invention patent application 65,438+0), and the original invention is adopted.
2) The patent application is published 18 months after the filing date (priority date).
4. The patent maintenance fee for American invention patents shall be paid in the third and a half years, the seventh and a half years and the 1 1 year and a half respectively from the date of issuance.
5. Duration of American invention patents: 20 years from the date of filing. Tips: You can still file a patent application within 1 year after publication.
3. Others
(1) Temporary application materials: description, attached drawings and names, addresses and nationalities of all inventors;
(2) Claim of Priority If the same invention has been applied in other Paris Convention countries, and the original application date is required in the United States, an application shall be filed with the United States Patent Office within one year from the application date of the first foreign application (including Taiwan Province Province).
(3) novelty requirements (principle of first invention and principle of one-year preferential period) An invention loses its novelty if it is patented in the United States or other countries or publicly used or sold in the United States for more than one year; On the other hand, if it is less than one year, it still has the novelty of applying for a patent.
United States of America
Invention application method
? PCT method has entered the national stage of the United States (35 U.S.C. 37 1).
? Paris convention approach and detour approach (35 U.S.C.111(a))
? Direct submission * bypass (35 U.S.C.111(a))
? Based on a PCT international application, within the priority period (30 months), you can file a continuation application or a partial continuation application in the United States with the PCT international application as the parent case. This is the so-called bypass of PCT application entering the national phase in the United States, and its legal basis is 35 USC11(a).
? The U.S. bypass extension application of PCT application is legally regarded as a new American application different from PCT application, which only enjoys the priority date of PCT application, so the U.S. bypass extension application is not within the binding framework of PCT treaty.
Application fee:
Common invention application fees are: (large entity fee; Official fee waiver for small and micro entities. The application fee is $300+search fee is $660+examination fee is $760, and $65,438+0,720. PCT enters the United States * * *: usd 1580.
Application for non-English instruction: USD 140?
Exclusive surcharge (more than 3 pieces): USD 460/piece;
Claim surcharge (more than 20 pieces), USD 100/ piece.
Multiple dependent claims, $820/item
The book surcharge exceeds 100 pages, and it is $400 for every 50 pages.
Reply and correction: 65438 USD +060 RMB.
The cost of extending 1/2/3/4/5 months is $200/600/1400/2,200/3,000 respectively.
Route 1): $4,000
Priority audit: (Track 1 handling fee): USD 140.
Recovery request: $2,000
Submit IDS (after the new case is submitted): The official fee of $240 depends on the submission stage.
Inventor's statement: 160 USD, 140 USD (PCT enters the United States).
Describe the project change: USD 40 (paper) and USD 0 (electronic)
Authorized publishing fee: 65438 USD +0000 Yuan.
RCE (request for continuous review): 65,438 USD+0,300 USD (for the first time) and 65,438 USD+0,900 USD (for the second time).
Submit an appeal: $800.
Maintenance fee after authorization (3 times in total): $65,438+0,600; The third year to the third year from the date of authorization; 7-7.5 years, 7,400 dollars.