US Patents
The basic criteria for patentability in the United States are that an invention is new and non obvious. Typically, the patent pending phase can last from 18 months to 4 years. Once granted, US patents have a maximum term of 20 years from the filing date and maintenance fees are payable at periods of 3½, 7½ and 11½ years from grant.
Franks & Co obtain US patents, via our network of US associate patent attorney firms.
China
Chinese patents can be obtained for inventions which are new and involve an inventive step. The Chinese patent system can be accessed either by direct filing at the Chinese Patent Office via our Chinese associate patent attorney firms, or at the end of an international patent application as a Chinese national phase filing.
The maximum term for the Chinese patents is 20 years from the filing date, subject of payment of renewal fees.
A further type of patent, a utility model, has a 10 year term and the criteria for patentability are lower than for a patent for invention.
Enforcement of intellectual property rights in China has historically been a difficult process. However, recently the Chinese courts have taken a more contemporary view of intellectual property in accordance with the re emergence of China as a modern manufacturing and knowledge based economy, and the attitude to upholding intellectual property rights of foreign investors is now much more favorable than previously.
We routinely obtain granted patents in China on behalf of our clients, through applications filed at the Chinese patent office via our local Chinese associates.
Japan
Japanese patents can be obtained for inventions which are new and involve an inventive step. The Japanese patent system can be accessed either by direct filing at the Japanese Patent Office via our Japanese associate patent attorney firms, or at the end of an international patent application as a Japanese national phase filing.
The maximum term for the Japanese patents is 20 years from the filing date, subject of payment of renewal fees.
Other Countries
We can obtain patent protection in any country of the world, either directly, or via our network of foreign associates. In general, most countries allow patents for inventions which are new and involve an inventive step and do not fall within a type of subject matter which is excluded by national law or policy reasons.
The level of search and examination varies from country to country, with some countries having a more rigorous and thorough procedure than others, and time scales to grant vary between a few months to up to 10 years, depending on the country.