Applying for a patent can not only protect the product, but also play a role in seizing the market; With the intensification of competition, more and more entrepreneurs of brands going overseas have realized the importance of independent research and development of innovative products, and have begun to deploy patents.
Among them, the United States, as the world's largest market, is the top priority, and some data show that in September 2023, the number of U.S. design patents has exceeded 1 million, and the number of U.S. patent applications is still growing exponentially.
So what kind of products are suitable for patenting? What is the difference between an invention patent and a design patent? Whether the patent application is ...... before or after the public sale of the productWhen it comes to patent applications, sellers will always have questions of one kind or another, and today Jite will answer them one by one
U.S. patent type
There are three types of U.S. patents: inventions, designs, and plant patents. For overseas enterprise sellers, the most common contact is appearance patents and invention patents, and the following is mainly to share with you the knowledge points of these two types of patent applications.
The difference between an invention patent and a design patent
A design patent protects the appearance, not the technology and function. Invention patents protect functions and technologies, and no matter how the appearance changes, as long as the corresponding functions and technologies are used, it will constitute infringement.
Years of protection
Design patent: 15 years from the date of grant, after which the patent holder no longer has the exclusive right to use the patent.
Invention patent: 20 years from the filing dateIt should be noted that the patent shall continue to be valid by paying three annual fees in the third and a half years, seven and a half years, and 11 and a half years from the date of grant
Conditions of Authorization
The following requirements need to be met for a U.S. patent to be granted:
It is a patentable subject matter.
with novelty.
Non-obviousness.
Sufficiency of disclosure.
How to apply
Design patents: apply directly to the USPTO;
Via the Paris Convention: YesEnjoy a 6-month priority
Apply through the Hague System.
Invention patent: apply directly to the USPTO;
Applying for a patent in the U.S. through the Paris Convention: YesEnjoy a 12-month priority
PCT application entering the U.S. national phase:Priority up to 30 months
Application documents
1.Information Sheet: Basic information of the applicant and inventor;
2.product name;
3.Priority documents (if required): priority date, priority number, country, etc.;
4.Power of Attorney and Declaration;
5.English specification (drawings, brief description of the patent, claims, abstract, etc.);
*Requirements: There must be enough views: stereoscopic view and hexahedral view, the six-sided view must be the same size, and a reference view must be provided if necessary.
Drawing or black and white is generally accepted, and in a single application, it is not permissible to use both a drawing and a drawing view at the same time, unless it is considered absolutely necessary to use a color drawing or drawing. The submission of color drawings or ** shall explain the necessity of using color drawings or **, pay the relevant fees and state in the specification.
6.Instruct the applicant whether the inventor is a large, small or micro entity, and the entity needs to be selected according to the actual situation, otherwise it may lead to the instability of the patent right.
Statute of limitations
Frequently Asked Questions
1.What are the differences between U.S. patents and the Chinese patent system?
The principles of application are different:The United States adopts the first-to-invent principleIt means that the patent right for the same invention is granted to the person who made the invention first, while China adopts the first-to-file principle.
Non-loss of novelty period: U.S. patent inWithin 1 year, the disclosure, sale, and publicity of the inventor do not affect the novelty; In China, it is only 6 months.
There are different types of patents: U.S. patents include utility (invention), design, and plant patents, and utility patents here are not the same as Chinese utility models.
Full Examination System + Provisional Application: U.S. patents require substantive examination and have the opportunity to file a provisional application.
2.What is the right of priority in a patent application?
Patent priority refers to the right that a patent applicant enjoys in accordance with the law if a patent applicant files a patent application for the invention or creation in another country within the statutory time limit after filing a patent application for the invention or creation in one country for the first time, and the date of the first patent application is taken as the filing date for the subsequent application, according to the relevant laws and regulations. The purpose of patent priority is to exclude those who have copied the patent in other countries, and it is possible to file an application and obtain registration first.
3.What kind of products are suitable for patenting?
As for whether it is suitable to apply for a patent, it mainly depends on three factors: the novelty of the product design, sales volume and product life cycle.
For example, it generally takes about one year to apply for a U.S. design patent, and for example, fast-selling products can consider using accelerated examination, which is generally possible from application to grantThis is shortened to about 5 months
4.What are the requirements for the timing of a patent application? For example, before or after the product is on the shelf?
It is recommended that after the product is established, it can be considered to apply when there are final drawings, and there is no need to wait until there is a sample to apply for a patent, and the patent application must be submitted before the product is put on the shelf.
Note: Generally speaking, if the product has been disclosed to the public before applying for a patent, it may have an impact on the subsequent grant, but the United States has a one-year grace period, so it is recommended to file a U.S. design patent application within one year of the product's public disclosure at the latest.
5.We have designed a product to be produced and now want to apply for a patent for protection, do you have any suggestions?
1.First, consider the country or region to be applied for according to the place of production and sales (patents are territorial, i.e., they are protected by which country only if they are filed in which country);
2.Secondly, the type of patent (invention, appearance) that can be applied for is determined according to the disclosure of the product and the prior art searched.
6.Can a design be patented?
A simple pattern cannot be patented, the pattern must be based on the product, for example, this pattern can be used on a cup, and the cup is the subject of the applied design.
7.Under what circumstances does filing not affect the novelty of a U.S. design patent application?
U.S. design patent applications in the following acts:Within twelve monthsThe filing does not affect its novelty:
1. The design is disclosed in printed publications;
2. The design is publicly used in the United States;
3. The design is published in the United States**.
8.Is a U.S. design patent application guaranteed to be granted once filed?
Since the appearance of the United States adopts a substantive examination system, there is no guarantee of a certain authorizationDuring the substantive examination process, the examiner conducts a search and makes a decision to grant an eligible application. If the conditions for authorization are not met after substantive examination, the examiner will issue a notice of reasons for refusal, on which the applicant can make amendments or state opinions, and if the requirements are still not met after replying, the application will be rejected.
It is advisable to do a patent search before applyingand consider whether to apply for a U.S. design based on the results of the search, thereby increasing the U.S. design grant rate.
9.How long does a design patent last in the United States? Is there any additional fee after authorization?
Term of protection for U.S. design patents:15 years from the date of grant；There are no additional annual or maintenance fees after authorization.
10.Can we find patents in application?
No specific information can be found, and the patent data in the application is not disclosed.
11.The product has been on public sale for a year, can I still try to apply for a patent?
It is possible to try to apply for a patent; However, it is necessary to keep the proof of product sales.
The above are some of the knowledge points of U.S. patent applications, we help customers apply for hundreds of U.S. appearance patents every year, and the approval rate is as high as 95%, which has won the trust of customers.
If you want to know more or have patent application needs, please contact Jite for free consultation