How to Register a Patent in USA

Procedures for registering a patent in USA

The detailed procedure for application for registering a patent in USA is provided in Chapter 11, 12, 14 under Part II of the consolidated [repealed Act].

The detailed procedure as under:

The application must be

  • Written application
  • Must contain a brief specification of the invention
  • A drawing to the same/model as prescribed
  • Oath of declaration and prescribed fee.

Drawings must aim at the subject matter that is to be patented. See section 113

A model specimen related to the subject matter is to be attached on demand from the director (Section 114) so as to investigate the purpose of the invention/ experiment carried out.

An oath or declaration must be made in the patent application as to that the applicant believes himself/herself to be the inventor or joint inventor (as the case may be) of the subject matter. If the Director requires additional statement/declaration shall be produced. An acknowledgement can also be made in every application that if there is any ambiguity in the statements, the applicant shall be liable for imprisonment. [See section 115]

Inventors

Whenever by mistake any inventor is omitted or not included in the application. The director may request to make amendments in the application as necessary. If an inventor does not wish to add his name in the application, the other joint inventor may pass the application on his behalf and director may issue patent on behalf of both [See section 116]

Examination

  1. On the application filed the director conducts examination based on the alleged new invention. Once satisfied, the director may issue the patent. [See section 131]

Note- Filing date is always considered as the date on which the application with all the above mentioned specification is received by the Patent and Trademark office.

Issuance of Patent

If the Director is satisfied and feels that the applicant must be granted patent he can do so by informing the applicant through notice. This includes prescribed fee [see section 151]

Patents can only be issued in the name of United States of America.

Note: For acquiring plant patent and design patent the procedure is almost the same as above mentioned and a slight change related to ‘description’ is made.