Focus on Patent System

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Table of Contents

What is patent system?

Role of patent system

Evolution course

Modern patent systems

US vs. China

What is Patent System?

It is an internationally-accepted system to protect and

promote the technical innovation, by confirming the

exclusive rights enjoyed by inventors via legal and

economic means; a legal system for protecting the rights

of inventors.

We may say that patent system is the product of market

economy.

Core Features of Patent Systems

1. Monopolize technologies via legal means

2. Disclose technologies in written form

Role of Patent System

1. Protect inventions & creation

2. Encourage invention

3. Promote the popularization andapplication of invention

4. Accelerate the publicity of invention tothe whole society

Patent System Should…

Benefit the public interest;

Address the need for interoperability and access;

Provide a means of reducing the potential for litigation

conflict;

Enhance the freedom to operate;

Reduce the costs of negotiating licenses with many

partied for many patents.

Evolution Course — Origin

• Italy

• Rights were set byrulers to encouragethe creation of moreluxuries.

500 B.C.

• England

• Flemish-born Johnwas empowered a20-year monopolypower by Henry VI.

1449• Venice

• The first world’spatent law wasenacted there.

1474

Evolution Course — Development

1623

• The British Parliament passed the Statute of Monopolies.

1790

• The United States enacted the first Patent Law.

1791

• France promulgated its Patent Law.

19th

• A boom century for patent system development.

Holland, Sweden, Spain, Germany, Mexico, India,

Brazil and Japan respectively established their

own patent systems by enacting patent law in

1809, 1819, 1826, 1877, 1840,1859, 1859, 1885.

Evolution Course — Improvement

Year

1883

11 countries led by

France at the

diplomatic conference

Protect the

industrial property

Paris Convention

on the Protection of

Industrial Property

1. object patents

2. utility models

3. industrial designs

4. trademarks

5. service marks

6. trade names

7. indications of source or

appellations of origin

8. the repression of unfair

competition

sign

purpose

protected

objects

Evolution Course — Improvement

Protection Scope

of

Paris Convention

Evolution Course — Improvement

After the World War II (1939-1945), the development of patent

system entered a new historical period. More conventions

have been signed since then, including The convention

Establishing the World Intellectual Property Organization,

Patent Corporation Treaty, European Patent Convention, etc.

The increasing internationalization of patent system showed

that patent systems are progressing towards maturity.

Modern Patent Systems

• Take effect in 1884

• 183 contracting member countries up to now

Paris Convention on the Protection

of Industrial Property

• Take effect in 1978

• 142 contracting states as of January 1, 2011

Patent Cooperation

Treaty

• Take effect in 1978

• 19 member countries up to now

European Patent Convention

• Take effect in 1995

• Administrated by WTO

TRIPS

PCT Timeline

May 25 to June 19, 1970

• Washington Diplomatic Conference on the Patent Cooperation Treaty was held.

January 24, 1978

• Patent Cooperation Treaty entered into force with 18 contracting states.

September 28, 1979

• PCT went through amendment.

1984 & 2001

• Modifications were made on PCT.

European Patent Convention Timeline

September,1949

• French Senator Henri Longchambonproposed the creation of a European Patent Office.

1963

• Signature of the Strasbourg Patent Convention was achieved.

1973

• Munich Convention was signed.

June 1, 1978

• First patent applications were filed, and more states joined the EPC later.

TRIPS Timeline

1947

• In GATT (General Agreement on Tariffs and Trade), though issues on intellectual properties were involved, no clear protection for intellectual properties were claimed.

1982• International trade in counterfeit goods became a topic for discussion on

the schedule of GATT for the first time.

1986• Three authorizations on intellectual property related to trade were set at

the Uruguay Round.

1995

• The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) was negotiated at the end of the Uruguay Round of GATT.

Modern Patent Systems

Caution

1. Paris Convention on the Protection of Industrial Property Protection

It has two basic principles:

(1) Equal treatment

All citizens of member states has the same rights to local users of the IP systems;

Same protection rights;

Same reparation of rights if rights are infringed.

(2) Union priority right

Applicant filling in a member state has the right of union priority to extend its

protection to other member states carrying the priority date of the original

application.

2. European Patent Convention (EPC)

Patents granted by EPO are equivalent to the patents granted in any of the national

offices. If it falls in one country in a court case, it falls in all countries!

US vs. China (Differences in Patent System)

• US: first-to-invent system

• China: first-to-file system

1. Patent application principle

• US: wider (almost any invention or creation can apply patent except scientific theory)

• China: more items are limited to apply patents

2. Scope of patent protection

• US: utility patent, design patent and plant patent

• China: invention, utility model and design 3. Patent types

• US: go against the principle in Paris Convention

• China: in line with Paris Convention

4. Foreign priority system

US vs. China (Differences in Patent System)

• US: one year

• China: six months5. Grace period

• US: AIPA

• China: early publication and deferred examination

6. Disclosure system

• US: inventor

• China: natural person & legal person7. Patent applicant

• US: do have

• China: not available now

8.Provisional patent system

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