Patent registration in USA is important to protect the patent. There are three kinds of patents that can be registered in the USA, they are:
1.Utility Patent: A utility patent is granted to anyone who discovers any new or useful process, machine, or article of manufacture, or makes a new or useful improvement in an existing invention. Most patent applications filed at the US Patent and Trademark Office are utility patents.
2.Design Patent: A design patent is granted to anyone who makes a new, original, and ornamental design for an article of manufacture.
3.Plant patent: Anyone who discovers or invents and asexually reproduces any distinct and new variety of plant may be granted a plant patent.
Once the applicant determines the type of patent that needs to be registered, the applicant may move forward with the patent search and filing process. It is advisable that the applicant takes the help of a patent attorney, who has the knowledge of the patent law and rules and thus, reducing the burden of the applicant.
Patent search
Before filing an application for patent registration in USA, the applicant or their attorney should conduct a thorough patent search. A patent search finds out whether there are existing inventions that are similar or identical to the proposed patent. The applicant should search all existing registered patents, including foreign patents and printed publications.
Filing the application
To file a patent application, the applicant is required to submit the basic fee along with the search fee, examination fee and issue fee. The fee varies depending on the type of patent application filed. The applicant can access the database of the USPTO to file a patent application.
A utility patent application should be made in English or should be accompanied by an English translation. It should include a statement to the effect that the translation provided is accurate. A utility patent application should include:
•A transmittal letter or utility patent application transmittal form.
•Payment of prescribed fees.
•At least one claim should be made in the specification. It must distinctively point towards the subject matter of the invention.
•Drawings (when required).
•Executed oath or declaration.
•Large tables or computer listings (when required).
In a design patent application, there includes a preamble (containing name of the applicant, title of the design, a brief description or abstract of the invention). The preamble is followed by:
•A cross-reference to related applications.
•Statement in relation to federally sponsored research or development.
•Description of the design.
•A single claim.
•Photographs or drawings.
•Executed oath or declaration.
In the case of a plant patent, an application form includes:
•Title of invention.
•Cross reference to any related application.
•A statement in relation to federally sponsored research and development.
•The Latin name of the genus and species of the plant.
•A summary of the invention.
•Botanical description of the plant.
•Claim and abstract
Examination
Once the applicant submits the application, it is checked for deficiencies. If the application is incomplete, an official letter is sent from the USPTO, known as Office Action. The applicant is then required to complete the application within a specified time. If the applicant does not correct the application within the specified time, the application is refused.
When the application is complete, it is assigned for examination. In this stage, the examiner views the content of the application. If the application does not meet the necessary requirements, the examiner explains the reasons for rejecting the application. Thereafter, the applicant can make amendments or argue against the decision of the examiner. In the case that the applicant’s application is refused twice, they can appeal before the Patent Trial and Appeal Board (PTAB).
Publication
After the examiner determines that the application meets all the requirements, a Notice of Allowance is sent to the applicant. The notice includes the issue and the publication fees that must be paid before the grant of patent is issued.
Grant of Patent
A utility patent in general is issued within 4 weeks of payment of the issue and publication fee. A patent number and issue date are then assigned to the application. On the issue date of the patent, the patent grant is mailed to the applicant. It includes reference to prior patents, inventor’s name, specification, and claim.
