I believe that many cross-border sellers will give their products a layer of protection after making them – appearance patents. Let’s talk about the process of applying for a US appearance patent.
1. Search patents: The applicant describes the product information in advance based on the overall or partial key points of the product (such as relevant websites) WIPO/USPTO) to check whether there are similar patents. The probability of the application can be predicted in advance to confirm whether it meets the requirements of the US appearance patent application.
Note:
The US appearance patent application needs to meet the following requirements: manufacturing, novelty and non-obviousness.
Manufacturing: refers to artificial tangible objects. The appearance design of the patent must reflect or be applied to artificial tangible objects, rather than a separate appearance design or picture, that is, an abstract appearance.
Novelty: Compared with the time of patent application, the applied product has not been sold or has been sold for one year first.
Non-obviousness: The product is original and can be different from other products.
2. Prepare the application: determine the scope of product protection, and then prepare relevant application materials.
3. Submit the application: apply to the US Patent and Trademark Office, and the USPTO will issue an official receipt (about 3-5 working days).
4. Formal examination: USPTO issues an official acceptance notice (1-2 working days).
5. Substantive examination: The examiner examines the applied appearance patent, and the cycle is about 12-24 months, which may be longer. If rejected, the applicant must state or modify the opinion within 3 months from the date of the examination opinion notice. If you cannot reply within 3 months, you can appropriately request an extension of the reply period. The total reply period shall not exceed 6 months.
6. Authorized patent: The patent meets the requirements and is approved and authorized. The applicant shall go through the patent registration procedures and pay the official fees within 3 months from the date of receipt of the notice.
7. Patent maintenance: US appearance patents do not require maintenance fees, and the protection period is only 15 years. After 15 years, the patent holder no longer has the exclusive right to the patent, and the product becomes a publicly available product.
The above is the process of applying for a US appearance patent. The preliminary preparation is points 1 and 2, the mid-term operation is 3, 4, and 5, and the later attention is points 6 and 7. If the process is in place and the details are in place, then the time spent on trademark review will be significantly reduced.