Patent registration in the USA
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Patent registration in the USA

The U.S. Patent and Trademark Office (USPTO) handles the patenting process in the United States. The USPTO specializes in the registration of patents and trademarks for innovative business ideas, technical and design solutions.

It is important for those wishing to protect the novelty of their invention in America to understand that the foreign system for securing intellectual property rights differs significantly from the domestic system. This means that it is best for applicants to use the services of experienced lawyers with many years of experience interacting with the USPTO. This will allow to take into account all the legal nuances, avoid significant costs of personal time and save nerves.

The essence of patenting an object is to establish its novelty and uniqueness. This criterion is determined depending on the availability of similar exhibits in other countries of the world. A special examination helps to accurately establish the patentability of the model proposed by the applicant.

The main advantage of obtaining a U.S. patent registration document is the ability to solely receive investment, advertise and distribute the invention.

Peculiarities of patenting in the United States

Types of patents

Patent applicants choose one of the options for securing the priority of an invention. Among them:

Conditions for the patenting procedure

If applicants from the Russian Federation wish to register their rights to inventions in America, they will need to fulfill a number of conditions. In order for the model to meet the requirements of patentability, it must have:

Stages of patenting in the United States

The complicated procedure of patenting is quite problematic without knowledge of foreign legislation and the English language. Persons who intend to obtain priority rights to inventions, it is advantageous to cooperate with companies that act as representatives in interaction with the USPTO.

The general procedure for registering an author's rights in the United States involves going through several successive steps, including:

There are a number of circumstances when filing a Provisional is mandatory. This occurs if the idea needs to be refined, tested, or if the inventor needs to raise additional investment to cover the cost of the patent.

At the same time with sending the Nonprovisional a person pays a fixed patent fee. The amount of the fee is determined according to the applicant's status.

Grounds for refusal to grant a patent

The designated U.S. Office has the right to reject an application for protection of an invention. If the officials have grounds to do so, a written notice shall be sent to the applicant stating the reason for the rejection.

The person executing the patent may respond to the notice within 3 months of receiving it. The response may include a request to amend the patent application. The USPTO staff may grant or deny the petition. Adjustments are made to the application that do not go beyond the original proposal.

Among the main reasons for rejecting a patent application are:

To analyze existing inventions, competent examiners look at national and foreign primary and secondary patents, technical journals and other sources of information on new ideas. Since a model cannot be re-patented, if similar products are found, the application will be rejected for lack of novelty.

If there are objective arguments based on documentary evidence, the author can challenge the rejection. If violations of the applicable rules are found after the approval of the application, the authorized bodies may invalidate the issued patent.

To appeal an expert decision, it is better to involve qualified representatives who can study the situation in detail and take effective measures to assert exclusive rights.

The cost of patenting in the United States

The cost of recognizing inventor's rights in the United States is calculated on a case-by-case basis. The cost will be influenced by the scope of patenting, the applicant's status and location, and will vary between $5,000 and $10,000. It is necessary to take into account the cost of the mandatory fee, the amount of which is determined by the legal form of the legal entity that formalizes the authorship of the invention.

Our services in Russia and abroad

Interregional Patent Law Company "Prof-Patent" offers full support for the project of patenting inventions in the USA. Qualified specialists are engaged in registration of exclusive rights to innovative models, business ideas, trademarks, design objects and other types of intellectual property.

Experienced specialists provide professional assistance to individuals and legal entities of various forms of ownership. Patenting services are provided throughout the Russian Federation. A group of Russian-speaking attorneys and attorneys advises and assists with:

Experienced experts in the implementation of Russian and international law work with clients. They help effectively protect intellectual and industrial property at the lowest prices. To find out the terms of service in Russia and abroad, please call 8-(863)-231-17-23, 8-(863)-231-17-60.

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