focus on patent system
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Focus on Patent System
3
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 and application of invention
4. Accelerate the publicity of invention to the 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 by rulers to encourage the creation of more luxuries.
500 B.C.
Evolution Course — Development1623
• The British Parliament passed the Statute of Monopolies.
1790
• The United States enacted the first Patent Law.
1791
• France promulgated its Patent Law.
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 models3. industrial designs4. trademarks5. service marks6. trade names7. indications of source or
appellations of origin8. 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.
European Patent Convention Timeline
September, 1949
• French Senator Henri Longchambon proposed the creation of a European Patent Office.
1963
• Signature of the Strasbourg Patent Convention was achieved.
1973
• Munich Convention was signed.
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 months
5. Grace period
•US: AIPA •China: early publication and deferred examination
6. Disclosure system
•US: inventor•China: natural person & legal person
7. Patent applicant
•US: do have•China: not available now
8.Provisional patent system
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