United States patent is granted from the United States Patent and Trademark Office (USPTO) to the inventor a patent right. The right conferred by the patent grant is to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. There are three different types of US patents such as utility patent, design patent, and plant patent.
Types of Patents:
- 1) Utility patents: invention of any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement
- 2) Design patents: invention or discovery of a new, original, and ornamental design for an article of manufacture
- 3) Plant patents: invention or discovery and asexual reproduction of any distinct and new variety of plant
- 4) Provisional Application: Only submission of the specification and drawings for the provisional application, and then proceeding to a formal patent application within the year with priority. Since the patent term for the provisional application will be 20 years from the filing date, most applicants may not choose to proceed to the general application.
US Patent Priority:
The time limit for the PCT national phase entry in the US is 30 months from the earliest date of priority.
Patent validity period:
The patent term is 20 years from the earliest application date of the invention, and the maintenance fee or annual fee are due and must be paid at 7.5 years from the registration date. Otherwise, the patent will be invalid.
The patent term is 20 years from the date of authorization. No maintenance fee or annual fee should be paid after registration.
The patent term is 14 years from the date of authorization. No maintenance fee or annual fee should be paid after registration.
For more information on US patent applications, please contact our patent consultant.