US Patent Application Conditions
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Patent application conditions in the United States include the object of patent protection and the requirement of novelty and practicability. The types of patent protection in the United States include invention patents, appearance patents and plant patents. Among them, the application for American invention patents needs to satisfy three essential conditions: protection of the object, novelty and creativity.
1.The Object of American Invention Patent Protection
Utility patent: The US Patent Law stipulates that any invention or discovery of novel and practical methods, machines, products, compositions of substances, or new uses of known substances, or further improvement of existing technologies, belongs to the object protected by the U.S. Patent Law. The period of protection shall be 20 years from the date of application.
Objects that are not protected by patent law: Objects that cannot be granted patent rights include, but are not limited to, human organs, natural laws, physical phenomena, Abstract concepts, mathematical methods and substances that exist in the natural state of nature. In our country, some objects that can not be granted patent rights, such as computer software, business methods, animal and disease diagnosis and treatment methods, are protected by patent law in the United States.
2.Absolute Novelty
To apply for an American invention patent, the requirements of novelty must be met. If one of the following circumstances exists, the patent right will not be granted. Before the date of application, the invention-creation right has been patented or described in the publication, or is used, sold or otherwise known to the public; or
The invention-creation is described in a patent granted under Article 151, or in a patent application disclosed or deemed to be disclosed under Article 122 (b), in which case the signature of the patent or patent application is another inventor and an application has been filed effectively before the date of application for the invention-creation.
3.Creativity
Although an invention meets the relevant requirements of novelty, the difference between the content of the application for a patent and the existing technology is so small that when the invention is completed, it is obvious to those skilled in the field that no patent can be obtained.
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