Patent Registration in the USA – Patenting Products or Inventions.Francesca Mandolini2019-04-19T06:19:49+00:00
An essential part of any business strategy is the need to protect Intellectual Property, especially in one of the largest market in the world as the one of USA. Moreover, the benefits generated by the monopoly rights guaranteed through an action of patent registration might be very high.
In Protectia we have an exhaustively experience and a great team of professionals specialized in every aspect of the matter. They will be able to assess the specific needs of every single case and adjust it to the different ways and international agreements, in order to guarantee our clients quality assessment and efficient management throughout all the process of registration and defence of the patent.
Patent registration in the USA: the process
The administrative authority of industrial property in the USA, which has, among others, the responsibility to register patents of inventions is the United States Patent and Trademark Office (USPTO).
The process of registration goes through the following steps:
- Filing of the application.
- Formal examination. After the application, the Office shall undertake a formal review of the documents, proving that the application is clear and correctly presented.
- Publication: it opens a term for filing oppositions.
- Substantial examination: the U.S office of patents and trademarks conduct an examination of the patentability requirements.
- A report is issued, or “Notice of action”, within a period ranging from 18 to 24 months from the date of application, by a patent examiner of the USPTO assigned to the application. The notification might allow or deny certain conditions or filing objections due to the process or the invention itself. After rectifying the defects, the inventor will receive a “Notice of Approval”.
- Granting of the patent. It is to be noticed that in the USA, maintenance fees for the patents rights must be paid after 3.5, 7.5 and 11.5 years.
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The registration of a patent in the USA is valid for a non-extendible period of 20 years.
Why choosing Protectia for the registration of a patent in the USA?
- Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of patent registration in the USA.
- Legal advice and patentability study: In Protectia, as a prior step and part of our advice, we always recommend our clients to perform a preliminary study of patentability, essential to detect the existence of prior rights and to be sure that the invention meets the all the requirements to be patented.
- Resources and experience: Protectia will be your ideal partner for being highly specialized in the field. Besides, we have powerful informatics resources along with the expertise of our professional, essential to advise, develop and manage the protection of inventions in the USA.