Patents |
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USA (Federal Law) |
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| (United States) Firm Michael Best & Friedrich LLP Updated 22 Mar 2021 | |
| Which patent-related international treaty is your country is a member of? | The United States belongs to the following patent-related international treaties:
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| What kinds of protection is available for inventions? | Inventions protections available in the United States include:
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| What kinds of subject matter (as such) are excluded from patent protection? | The following subject matter is excluded from patent protection in the United States:
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| What are the documents and information required for filing a national patent application? | Documents and information required for filing a national patent application in the United States include:
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| Is it possible to request early publication or a deferment of publication? | Yes, it is possible to request early publication or deferment of publication in the United States. An early publication is available upon request; a nonpublication request may be submitted at the time of application filing if the invention has not been and will not be subject to a non-United States application, and the nonpublication request may be rescinded at a later time. |
| Does the applicant have a provisional right upon the publication of an application? | Yes, the applicant has a provisional right upon publication of an application in the United States. The right to obtain a reasonable royalty from the party who infringes and had actual notice of published application. |
| When is it possible to file a voluntary amendment to specification? | It is possible to file voluntary amendments in the United States at the following times:
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| Is it required to file a request for substantive examination? | No, it is not required to file a request for substantive examination in the United States. |
| Is there a third-party opposition procedure upon publication or after grant? | Yes, there is a third-party opposition procedure upon publication or after grant in the United States. |
| What is the time period from application to grant for a straightforward application (no office actions or oppositions)? | The time period from application to grant in the United States is between 2-3 years. |
| Is there any process for accelerated examination of application? | Yes, there is a process for accelerated examination of an application in the United States. There are several programs available: (1) Track One - request must be made at the time of application filing and fee must be paid; limited to 12,000 applications per year; Applicant may not file for an extension of time during prosecution; application expected to reach disposition within twelve months. (2) Accelerated Examination – applicable to new applications except for national stage applications; the request must be made at the time of application filing and fee must be paid; Applicant must conduct prior art search and submit Examination Support Document; application expected to reach disposition within eighteen months. (3) Patent Prosecution Highway – available where partnering PPH office has indicated allowable subject matter. (4) Petition to Make Special – available where the inventor is at least 65 years old or in poor health; requires the filing of a petition. |
| To maintain the validity of patent, is it required to pay an annuity in your country? | Yes, it is required to pay an annuity to maintain the validity of a patent in the United States. |
| Is late payment of annuity permissible? | Yes, late payment of an annuity is permissible in the United States. Maintenance fees are due at 3-3.5 years after issuance, 7-7.5 years after issuance, and 11-11.5 years after issuance; each window may be extended by six months without surcharge. |
| What are the available enforcement methods in your country? | Available enforcement methods in the United States include:
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| Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware? | None identified. |
Patents
The United States belongs to the following patent-related international treaties:
- Paris Convention
- Patent Cooperation Treaty ("PCT")
- TRIPS
- Patent Law Treaty ("PLT")
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Inventions protections available in the United States include:
- Inventions
The following subject matter is excluded from patent protection in the United States:
- Other: Human organisms
Documents and information required for filing a national patent application in the United States include:
- Name and address of the inventor(s)
- Specification (description, claims and drawings)
- Abstract
- Other: Oath or declaration (no notarization/legalization required)
Yes, it is possible to request early publication or deferment of publication in the United States. An early publication is available upon request; a nonpublication request may be submitted at the time of application filing if the invention has not been and will not be subject to a non-United States application, and the nonpublication request may be rescinded at a later time.
Yes, the applicant has a provisional right upon publication of an application in the United States. The right to obtain a reasonable royalty from the party who infringes and had actual notice of published application.
It is possible to file voluntary amendments in the United States at the following times:
- At the time of entry into the national phase (for PCT application)
- Other: The amendment can be made at any time before the resolution.
No, it is not required to file a request for substantive examination in the United States.
Yes, there is a third-party opposition procedure upon publication or after grant in the United States.
The time period from application to grant in the United States is between 2-3 years.
Yes, there is a process for accelerated examination of an application in the United States. There are several programs available: (1) Track One - request must be made at the time of application filing and fee must be paid; limited to 12,000 applications per year; Applicant may not file for an extension of time during prosecution; application expected to reach disposition within twelve months. (2) Accelerated Examination – applicable to new applications except for national stage applications; the request must be made at the time of application filing and fee must be paid; Applicant must conduct prior art search and submit Examination Support Document; application expected to reach disposition within eighteen months. (3) Patent Prosecution Highway – available where partnering PPH office has indicated allowable subject matter. (4) Petition to Make Special – available where the inventor is at least 65 years old or in poor health; requires the filing of a petition.
Yes, it is required to pay an annuity to maintain the validity of a patent in the United States.
Yes, late payment of an annuity is permissible in the United States. Maintenance fees are due at 3-3.5 years after issuance, 7-7.5 years after issuance, and 11-11.5 years after issuance; each window may be extended by six months without surcharge.
Available enforcement methods in the United States include:
- Civil enforcement
- Administrative enforcement
- Criminal enforcement
- Border Measures
None identified.