Focus on Patent System3
Table of Contents What is patent system? Role of patentsystemEvolution course Modern patent systemsUS 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
Role of Patent System
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
Evolution Course — DevelopmentHolland, 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 — Improvementsign11 countries led by France at the diplomatic conferenceParis Convention on the Protection of Industrial Property Year 1883purposeProtect the industrial property object patents utility modelsindustrial designstrademarksservice markstrade namesindications of source or appellations of originthe repression of unfair competitionprotected objects
Evolution Course — ImprovementProtection Scope ofParis Convention
Evolution Course — ImprovementAfter 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
PCT Timeline
European Patent Convention Timeline
TRIPS Timeline
Modern Patent SystemsCaution1. 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!!

Focus on patent system

  • 1.
  • 2.
    Table of ContentsWhat is patent system? Role of patentsystemEvolution course Modern patent systemsUS vs. China
  • 3.
    What is PatentSystem? 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.
  • 4.
    Core Features ofPatent Systems
  • 5.
  • 6.
    Patent System Should…Benefitthe public interest;
  • 7.
    Addressthe need for interoperability and access;
  • 8.
    Providea means of reducing the potential for litigation conflict;
  • 9.
    Enhancethe freedom to operate;
  • 10.
    Reducethe costs of negotiating licenses with many partied for many patents.Evolution Course — Origin
  • 11.
    Evolution Course —DevelopmentHolland, 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.
  • 12.
    Evolution Course —Improvementsign11 countries led by France at the diplomatic conferenceParis Convention on the Protection of Industrial Property Year 1883purposeProtect the industrial property object patents utility modelsindustrial designstrademarksservice markstrade namesindications of source or appellations of originthe repression of unfair competitionprotected objects
  • 13.
    Evolution Course —ImprovementProtection Scope ofParis Convention
  • 14.
    Evolution Course —ImprovementAfter 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.
  • 15.
    The increasing internationalizationof patent system showed that patent systems are progressing towards maturity. Modern Patent Systems
  • 16.
  • 17.
  • 18.
  • 19.
    Modern Patent SystemsCaution1.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!!
  • 20.
    US vs. China(Differences in Patent System)
  • 21.
    US vs. China(Differences in Patent System)
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