Focus on Patent System

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 application of invention

and

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.

1449
England Flemish-born John was empowered a 20-year monopoly power by Henry VI.

Venice The first worlds patent law was enacted there.

500 B.C.

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

11 countries led by France at the diplomatic conference

sign

Paris Convention on the Protection of Industrial Property

1. 2. 3. 4. 5. 6. 7.

object patents utility models industrial designs trademarks service marks trade names indications of source or appellations of origin 8. the repression of unfair competition

Year 1883

purpose

Protect the industrial property

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

Take effect in 1995 Administrated by WTO

European Patent Convention

TRIPS

PCT Timeline

May 25 to June 19, 1970

January 24, 1978

September 28, 1979

1984 & 2001

Washington Diplomatic Conference on the Patent Cooperation Treaty was held.

Patent Cooperation Treaty entered into force with 18 contracting states.

PCT went through amendment.

Modifications were made on PCT.

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.

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

1995

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)

1. Patent application principle 2. Scope of patent protection 3. Patent types 4. Foreign priority system
US: first-to-invent system China: first-to-file system US: wider (almost any invention or creation can apply patent except scientific theory) China: more items are limited to apply patents US: utility patent, design patent and plant patent China: invention, utility model and design

US: go against the principle in Paris Convention China: in line with Paris Convention

US vs. China (Differences in Patent System)

5. Grace period 6. Disclosure system 7. Patent applicant 8.Provisional patent system
US: one year China: six months

US: AIPA China: early publication and deferred examination

US: inventor China: natural person & legal person

US: do have China: not available now

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