U.S. patents include three types: Utility Patent, Design Patent, and Plant Patent.
I. Pathways for U.S. Patent Applications
- File directly with the United States Patent and Trademark Office (USPTO).
- File through the Paris Convention.
- File via the Patent Cooperation Treaty (PCT) entering the U.S. national phase.
II. Documents Required for U.S. Design Patent Applications
- Applicant Information (business license/ID copy, in Chinese and English)
- Inventor Information (ID copy, address, name in Chinese and English).
- Six Views of the Product (front, rear, left, right, top, bottom, plus perspective views, state-of-use drawings, or enlarged detail views if applicable).
- Standard Product Name (generic name only; model numbers are not allowed).
- Priority Claim: Must be claimed at the time of filing (6-month priority period).
- Series applications are generally not recommended for U.S. design patents.
U.S. Patent Entity Type Criteria
- For Companies:
- For Individuals:
III. Application Process and Timeline
- Filing Receipt: 3–5 business days.
- Notice of Allowance/First Office Action: 1–2 weeks (in rare cases, the first Office Action may be issued together with the filing receipt).
- Substantive Examination:
- Grant and Validity:
IV. Factors Affecting U.S. Design Patent Application Speed
- Use professional draftspersons for drawings.
- Apply a standard, generic product name.
- Opt for accelerated examination when possible.
- Accurately declare the entity type (Large/Small/Micro).
- File as early as possible after design finalization to avoid novelty issues.
V. Key Features of U.S. Design Patents
- Fee Structure: Varies by entity type (Large/Small/Micro).
- Substantive Examination: Required for all applications.
- Priority Claim: Requires DAS code or certified priority documents.
- Drawing Requirements: Strict line drawings are preferred; professional drafting minimizes Office Actions.
- Examination Options:
- Maintenance: Single lump-sum fee covers the full 15-year term (no annual fees).