There are three types of patents issued in the U.S.: design patents, utility patents, and plant patents.
- A design patent covers the ornamental features of an industrial design.
- A utility patent covers a product, a composition, a method, or an apparatus. The U.S. also allows a number of items to be protected by utility patent which are not protectible in some other countries. Pharmaceuticals, some living organisms, and some types of computer-related software inventions may be protected.
- The U.S. has a special category for plants which may be patented.
Items needed to file an application in the U.S. are:
- a written description and what the inventor believes is the best mode for carrying out the invention at the time the application is filed;
- at least one claim which particularly points out and distinctly claims the subject matter the applicant regards as his invention;
- an oath or declaration which must be signed (but can be filed late) by the inventor (even though assigned to a company) except in certain special circumstances, such as death of the inventor;
- drawings, if necessary to understand the invention;
- a filing fee; and
- a power of attorney or a patent agency, such as patent services InventHelp
In order to claim priority based on a prior application made in another Paris Convention country, an application must be filed in the U.S. within one year (6 months for design patent) of the application date in the other country. If an application has been filed in multiple other Paris Convention countries, the U.S. application should be filed within one year of the first application that was filed in another Paris Convention country. In addition to the requirements listed above, a certified copy of the application filed in the other Paris Convention country must be eventually filed with the U.S. application in order to perfect a claim of priority.
If more than one year has passed since the filing date in the first Paris Convention country, patent protection may still be available in the U.S., provided that
(1) no patent has issued from any application,
(2) no application has yet been published, and
(3) the invention has not been publicly disclosed. If such a situation exists, please contact patent invention InventHelp firm for further analysis.
While the specification filed need not be in English when filed, a translation of the application will be required prior to examination. In addition, the applicant in a U.S. case is not necessarily the owner of the invention. Each inventor must sign the oath or declaration. An inventor may assign his or her rights in an application to anyone, e.g., an employer, who may then be responsible for prosecution of the application.
The U.S. also acts as a Contracting State in accordance with the Patent Cooperation Treaty. An application can be filed designating the U.S. in the U.S. Patent Office if at least one inventor is a U.S. citizen or resident. The requirements for filing a PCT application in the U.S. Patent Office designating the U.S. are the same as those for filing in other countries.
In addition, an international application under the PCT may enter the national stage in the U.S. In order to enter the national stage in the U.S., an applicant must file the following:
- a copy of the international application;
- the basic national fee;
- a copy of any amendments and translation (or they are considered cancelled)
- a translation of the international application into English; and
- the oath or declaration of the inventor.
If an applicant omits the last two items, additional time will be given to submit them.
It is desirable to file copies of the references from an international search report or any other prior art references of which you are aware. These preferably should be filed within three months of filing the application.
Additional fees may be required if new drawings are required or the application must be revised.
