Comparative Study On Invention Patent Right Conflicts Between United States And China

In recent years, invention applications and patents increase rapidly in world countries especially in the United States and China. Patent thicket effects begin to emerge and exploiting patents become more difficult, as well as abnormal application behaviors emerge in China. There are indications that much more and closer patent rights have led to patent right conflicts and led to a series of other problems such as the decline of patent quality, or even patent troll behaviors. Arguments of patent system crisis begin to spread.Based on this point, first, starting from patent right acquisition of the United States and China, problems are introduced in the two powerful intellectual property countries that the patent surge leads to the patent right conflicts. Moreover, the numerous provisions and relevant performance in the United States and China systems to prevent the right conflicts are systematically settled, focusing on analysis conflicting application and double patenting and their relationship in the system to prevent conflicts. Once again, to avoid the difference between the first-to-file and the first-to-invent in the two countries, the effective filling date in the United States which is the presumed invention date is referred to the filing date in China, assuming no other evidence to overturn the presumed invention date, so as to arrive the differences between the two countries system to prevent conflicts. Finally, according to the differences and present system in our country to prevent right conflicts, specific measures and recommendations are given in procedural and substancial system to prevent right conflicts, mainly to improve the terms and the processes of the procedural provisions by clarifying the interpretation, to improve the substancial provisions by simultaneously enhancing the examination criteria of conflicting application and double patenting and supplementing supporting measures, so that the criteria are unified with each other and with the subsequent judicial procedure.The specific measures and recommendations will help to gradually increase the patents distinction, reduce patent family size to avoid the poor and excessive patents and prevent patent conflicts effectively, furthermore to avoid unfair extension of patent protection term and patent right abuses in some extent, to play the incentive role of patent system and have certain feasible practice and prospective theory.