United States

From Country Law Wiki

Revision as of 19:12, 8 August 2017 by Ralph Schroeder (talk | contribs)

Highlights

Contributor
MapOfUSA.jpg


Types: Provisional; Original (Non-provisional); Divisional; Continuation; Continuation in part; Reexamination; Reissue

Term: 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed (excluding provisional applications or foreign priority applications claimed under the Paris Convention)

Patent Term Extension: Patent Term Adjustment; Delay caused by pre-market approval for certain bio-pharmaceutical inventions



Treaties: Paris Convention; Patent Cooperation Treaty (PCT)

Maintenance Fees: Paid after grant

Laws and Regulations: https://www.uspto.gov/patent/laws-regulations-policies-procedures-guidance-and-training

Online Resources: Public PAIR; Private PAIR; Maintenance Fees

Filing and Application Formalities

A patent application is a collection of documents that conform to U.S. laws, rules, and guidelines outlined in the Manual of Patent Examining Procedure (MPEP). Some application information must be provided on USPTO forms or an equivalent. Use of USPTO forms is not required but is strongly recommended. Other application documents are created by the applicant. Several factors determine which documents are necessary to complete an application, including the type of patent applicant, the protection sought, and the invention itself. This checklist, while not comprehensive, contains the most commonly required elements:

  • Utility Patent Application Transmittal Form (see form: PTO/AIA/15)
  • Fee Transmittal Form (see form: PTO/SB/17)
  • Application Data Sheet (ADS) (see form: PTO/AIA/14)
  • Small or Micro Entity Status (see forms: PTO/SB/15A, PTO/SB/15B
  • Specification
  • Drawings
  • The Inventor’s Oath or Declaration 

See USPTO website for complete list of available Forms for Applications

Q&A: Practice Tips
The filing fee is not required in order to receive an official filing receipt. If the filing fee is not paid, the applicant must pay the fee within 2 months of the filing date or the application is deemed abandoned. There are no extensions.

Prosecution Events and Due Dates

Action (From PTO) Code Task (To PTO) Statutory Due Date Extension(s) Final Due Date
Filing Receipt APP.FILE.REC Review Filing Receipt FALSE [MD]14/D/
Notice to File Missing Parts NTC.MISS.PRT Respond to Notice to File Missing Parts TRUE [MD]2/M/ 1 Month x 5 [MD]7/M/

Issuance and Maintenance Fees

Continued Prosecution and Appeals

Highlights

Types: Provisional; Original (Non-provisional); Divisional; Continuation; Continuation in part; Reexamination; Reissue

Term: 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed (excluding provisional applications or foreign priority applications claimed under the Paris Convention)

Patent Term Extension: Patent Term Adjustment; Delay caused by pre-market approval for certain bio-pharmaceutical inventions

Treaties: Paris Convention; Patent Cooperation Treaty (PCT)

Maintenance Fees: Paid after grant

Laws and Regulations: https://www.uspto.gov/patent/laws-regulations-policies-procedures-guidance-and-training

Online Resources: Public PAIR; Private PAIR; Maintenance Fees

Filing and Application Formalities

A patent application is a collection of documents that conform to U.S. laws, rules, and guidelines outlined in the Manual of Patent Examining Procedure (MPEP). Some application information must be provided on USPTO forms or an equivalent. Use of USPTO forms is not required but is strongly recommended. Other application documents are created by the applicant. Several factors determine which documents are necessary to complete an application, including the type of patent applicant, the protection sought, and the invention itself. This checklist, while not comprehensive, contains the most commonly required elements:

  • Utility Patent Application Transmittal Form (see form: PTO/AIA/15)
  • Fee Transmittal Form (see form: PTO/SB/17)
  • Application Data Sheet (ADS) (see form: PTO/AIA/14)
  • Small or Micro Entity Status (see forms: PTO/SB/15A, PTO/SB/15B
  • Specification
  • Drawings
  • The Inventor’s Oath or Declaration 

See USPTO website for complete list of available Forms for Applications

Q&A: Practice Tips
The filing fee is not required in order to receive an official filing receipt. If the filing fee is not paid, the applicant must pay the fee within 2 months of the filing date or the application is deemed abandoned. There are no extensions.

Prosecution Events and Due Dates

Action (From PTO) Code Task (To PTO) Statutory Due Date Extension(s) Final Due Date
Filing Receipt APP.FILE.REC Review Filing Receipt FALSE [MD]14/D/
Notice to File Missing Parts NTC.MISS.PRT Respond to Notice to File Missing Parts TRUE [MD]2/M/ 1 Month x 5 [MD]7/M/

Issuance and Maintenance Fees

Continued Prosecution and Appeals