Many times, it is difficult to achieve timely and comprehensive intellectual property layout in one step. When we have a technology that can be patented, we miss the best time for external application due to some reasons, but we don't want to give up the right to protect this technology overseas and occupy the market.

So, is there any way to remedy it?

Today, taking common US invention patent applications as an example, we will answer some common questions when filing for US invention patents.

1. Apply for a patent in the United States through the Paris Convention, with a priority of 12 months; If you miss the 12-month priority date, is there still a chance to apply for a patent in the United States?

The answer is: if there is a chance, you can request to resume entering the United States within 2 months, with the reason for resumption being unintentional and no evidence is required to prove it; The request for restoration needs to be submitted together with the new application.

If the 2-month recovery period has also passed, is there still a chance to apply in the United States?

The answer is: There is still a chance to see when the case will be made public earlier? (including sales disclosure, application disclosure, exhibition disclosure, etc.) If it has not been more than 12 months since the early disclosure date, then submit the US application as soon as possible. The US has a 12-month grace period, and submitting the US application within 12 months from the early disclosure date will not make the applicant's own disclosure a comparison document.

Friendly reminder: According to the Chinese Patent Law, non PCT channels entering the stage of foreign-related countries need to pass China's confidentiality examination before applying abroad. Therefore, it is necessary to prepare the DAS CODE priority code for confidentiality examination request in advance.

What should I do if I miss the 30 month deadline to enter the US national phase when applying for a patent through PCT?

The answer is: it's easy to handle, just spend a little more money to get it done. Within 2 years of PCT expiration, you can request restoration from the US Patent Office (restoration reason: unintentional, no evidence is required), that is, within the original 30 month period and 24 month restoration period=54 months, you can enter the United States.

Can the applicant enter the United States if they have missed the 12-month priority period and submitted a PCT application requesting restoration of priority within 2 months? Do you still need to request restoration?

The answer is: simply enter the United States within the normal 30 month period of PCT, without the need to request restoration.