The global economy is becoming extremely competitive day by day, with new inventions entering the market. Similarly, USA is considered to be one of the largest economies in the world, with a diverse range of businesses competing in a tough marketplace.
It is important to protect your invention because it is your intellectual property and you should own the sole right to make, use, and sell it.
To understand the Patent registration process in the USA, we need to look at the process in detail.
The USA follows a first-to-file system for patents, which means that any individual or company that files for a patent first will receive priority and ultimately, patent registration. To register a patent in the US, the applicant can file an application online with the United States Patent and Trademark Office (USPTO).
The USPTO encourages to apply online by by making an account with the USPTO.gov website. Once you make an account, you can create a Customer Number and then submit the Patent Electronic Verification Form to register your account and link your customer number to it. Once you do that, you can easily use the Patent Electronic Systems. After the form is processed, you will be informed by the Patent Electronic Business Center (PEBC) Helpdesk.
By making an account with the USPTO, you save time and money. All relevant information is stored on your account so that you do not have to resubmit everything if needed. You can enable two-step verification for your account to protect your personal information so that you have secure access to your patent data.
There are four different types of patents. This includes utility patent, provisional patent, design patent, and plant patent. Before going into the details, you must understand the requirements for getting a patent. These altogether sum upto being five requirements in total.
Similarly, some patents cannot be registered, including artistic creations, mathematical algorithms or models, mental concepts or processes, plans or schemes, principles or theories.
It is always good to search for existing patents to understand the available patents’ intricacies. This also helps in understanding why a patent might have been refused and if your invention has already been publicly disclosed. If you are inexperienced when it comes to patent searches, it is recommended to take the services of a registered attorney or agent.
If you are a small business or an independent inventor, you can be eligible to receive a pro bono attorney representation through the Law School Clinic Certification Program or the Patent Pro Bono Program.
According to the USPTO, a non provisional patent application must contain all of the below mentioned elements, in the exact same order. Everything can be given in a PDF format online. The application and all of its content must be in English language and if that is not the case then a translation must be provided alongside the application. If the application is missing any of the content like translation, statement or fee etc. then the applicant will be given a notice and a time period to submit everything that is missing.
The application fee can be paid online through the office’s electronic filing system called EFS-Web. Filing through this system will save you not just time but cost as well.
Once the application is filed, it is given to an examining attorney who checks the application on to see if it contains everything mentioned above.
The examiner also checks if there are identical patents already registered or applied for, and if the patent complies with all the regulations.
If there is any problem with the application, the examiner sends an Office Notice to the applicant containing the reasons for refusal. The applicant is given time to respond to the objections or to complete the application. If you fail to respond to the office action in the given time, your application will be considered abandoned.
If you do respond yet your application is rejected twice, you can then appeal against the examiner’s decision with the Patent Trial and Appeal Board (PTAB). Your appeal will then be checked and a final decision/final action will be given accordingly.
If you have taken the services of an attorney or have legal representation then the USPTO will only communicate with that attorney or agent. The office does not engage in double correspondence.
If the application gets accepted and there is no official action, or if the official action has been accordingly responded to, it gets published in the Official Gazette.
If any dispute is resolved and the examiner’s decision is in favour of the applicant, the patent gets granted a notice of allowance is given to the applicant. This is subject to the issue and application fees being paid.
The entire Patent process takes around 12-18 months but can take even longer, depending on the complexity of the patent.
The cost may vary according to the legals fees and how complex the patent/invention is. The cost of getting a patent in the USA can cost anywhere from $1000 to $5000 or more, depending on how complex your invention is and the type of patent you want to get.
Patents in the USA last for 20 years, but after the 4th , 8th, and 12th year of registration, a maintenance fee has to be paid.
It is important to understand the extent of which a Patent protects the owner’s invention(s). It provides exclusivity to the Patent owner over invention and offers authenticity infront of the customers and the market.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in the USA doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!