Patenting in the US is somewhat specific compared to other developed countries, but still a necessary step for business development. The USPTO, United States Patent and Trademark Office, is responsible for the protection of intellectual property in the states.
There are three main types of patents:
– utility (issued to a device, a composition of something or a principle of operation, valid for 20 years);
– design (issued for a design object, valid for 14 years);
– plant (protects breeding varieties and plants, valid for 20 years).
Conditions for Obtaining a Patent in the USA
In order to obtain a patent for a development, a patent solution must meet the criteria for patentability. Development information should not have public use and be posted in any sources. If such actions were carried out by the author himself, he receives a grace period for a period of 1 year for filing a patent application. It is best to file a provisional or main patent application before the sale is announced.
To obtain a patent for invention, there must be some inventive step. That is, the solution proposed for patenting should not be obvious to the patent specialist.
The solution for patenting must meet the criteria of usefulness, not contradict morality, order, legislation and the interests of society.
What Is the Order in Which Inventions are Patented?
First of all, a patent search is carried out. For this, open sources of developed countries are used. At the same time, the solution is checked for compliance with all criteria.
The next step is the preliminary application. It is necessary to fix the date and start an additional one-year period, during which the solution can undergo revision and testing, but its modern version can already be put on sale. Also, during these 12 months, a patent applicant can make a test run to identify demand for a product or find an investment.
The final step is the main patent application with the USPTO. This step no longer involves making changes.
For this type of patenting, only the search and filing of a patent application is made.
In a design application, not only a complete description of the design object is required, but also all possible images to explain the type of product. This is necessary to exclude infringement of the owner’s patent rights. When you contact us, you will receive expert assistance with US patents, including filing a provisional patent. On this page you can leave a request to start the search and get free legal advice.