Intellectual property protection in the U.S. allows ensuring beneficial conditions for business both for a startupper and for companies that have existed for over a year. The U.S. market is believed to be the largest in the worlds by consumer characteristics with wide opportunities in goods and services promotion. This is why patent registration in the U.S. is so popular among startup developers that have unique ideas or brand new inventions. More than 500 thousand applications are received annually. It is in the U.S. where you can register your own business model: organization methods, algorithms and software.
Types of U.S. Patent
Patents are issued by the U.S. Patent and Trademark Office. Patents have the following types:
|Utility Patent: — granting ownership of a created device, a developed operation principle, unique composition of a product or a substance, and improvement or modification (in other words, this is an invention patent) — lasts for 20 years.|
|Design Patent: registration of ownership of a product design object developed by you— lasts for 14 years.|
|Plant Patent: protection of a new variety and species of plant from selection —lasts for 20 years.|
Aspects of Registration in the U.S.
The conditions to get a U.S. patent are novelty of the invention (differences must be obvious for experts) and utility (for a specific purpose, the invention should not contradict the laws, public order and moral standards). The laws of nature, physical phenomena and abstract ideas are not patentable objects.
In which cases you will be turned down:
- if the claimed development was described in a print publication or is publicly available (for example, oral presentation at a scientific meeting or lecture, demonstration of the invention at an exhibition, radio announcement, video on YouTube or a website), is being sold or available. Exception: information was disclosed by the inventor and no later than 1 year prior to the application, provided that the product has not been put on the market;
- if the claimed development was patented or described in a published application for intellectual property under another name, although the invention may belong to you (the idea belongs to the first person to have registered it or applied).
Benefits of Patent Registration in the U.S.
What makes the intellectual property patent registration in the U.S. attractive and beneficial:
|protection of your idea;|
|possibility to stop potential or real competitors who are creating or using the same or similar invention;|
|protection from litigations associated with your violation of intellectual property rights of others, including “patent trolls” (those who specifically look for an opportunity to earn money when a certain company produces and sells goods without having registered a patent for its development or having done so late);|
|new opportunities in the search for an investor;|
|increase in the company value due to the presence of a patent portfolio;|
|good investment in your development as a future asset.|
How to Patent Your Idea in the U.S.
In order to get a patent for intellectual property, it is important to know all legal aspects and specifics of registration in the U.S., because this process is quite complex and involves the following actions:
|First, it is necessary to conduct a patent search among published and disclosed sources in industrialized nations: the review should be based on the existing patents and patent applications, scientific and technical publications, lectures, documentation from various conferences, etc., in order to identify the unique nature of your idea and development.|
|After the review, you can apply for a Provisional Patent, which is not a requirement. However, this step allows you to fix the date of applications and ensure priority over other applicants who wish to register a similar development later. In this case, you will be able to:
|Within 12 months after sending a provision application, you should apply for a Nonprovisional Patent, otherwise the decision will be canceled (except in case of force majeure). This step in the registration process is important and complex, because no information provided in the application can be changed.
Required elements of the main application:
After the general review of your application, it will be sent to the patent examiner. The examination proceeding includes the review of the application for compliance with legal requirements and search for U.S. patents, publications of patent applications, foreign patent documents and available literature in order to verify if the claimed invention is unique and useful and if the application meets the requirements of laws and the rules of practice.
Throughout the entire examination proceeding, it is necessary to reply to the Office Actions in a timely manner about your documents: they mainly concern the specification of details about your development. If the invention is modified in the process, you can file a Continuation Application. If you are denied the registration, you can appeal against the decision of the expert committee.
After successful registration, you will get a patent for your invention. The entire process of getting a patent in the U.S. lasts for about 3 years.
This entitles you to prevent other persons from creating, using, advertising or selling your invention in the U.S. or exporting your invention to the U.S. If the intellectual property right is infringed, you can file a claim to a competent federal court.
The patent is a personal property and may be sold to other persons, pledged, bequeathed or inherited.
During the registration, you should pay the basic fee and additional fees for the search, examination proceeding, excessive claims and certificate issuance. If the invention belongs to a small organization (independent inventor, small business or non-profit organization), most of the fees are reduced by half.
In addition, 3.5 years, 7.5 and 11.5 years after the issuance of the patent, it is necessary to pay for the maintenance. If the fee is not paid during the payment period, the protection will be canceled.
|1.5 years after the last application, the Patent and Trademark Office will publish your application for intellectual property, which enables any person to request access to the entire history of application files.|
In order to get a patent in the U.S. successfully, the Office recommends engaging a patent attorney or agent registered in the U.S., since it requires knowledge of patent laws, rules and procedures of the Office, as well as knowledge of scientific and technical matters related to a specific invention.
One of our offices is located in California, which is the leader in the issuance of patents in the U.S. territory (20% of the total number of documents issued), therefore we can provide legal registration services using all the required tools.
Qualified patent attorneys and a professional team of attorneys and lawyers - American Corporate Services, Inc. – provide services of registration of patents, trademarks and related intellectual property. We help developers and entrepreneurs with getting patents in the U.S. and perform all the necessary work to the highest standard. By cooperating with us, you get correct drawing up and execution of an application, required documents, specifications and drawings; records management and timely responses to all requests from the Office; as well as legal support throughout the registration process.