The Differences On Conditions For The Grant Of Invention Among China, The United States And Japan

A country's patent law is no longer just representing the content of a country's patent law, but may reflect the country's present-day scientific and technological level. Essentially, Patent law balances two kinds of interests. One interest is the benefit of inventions by individuals for their hard work, and the other is benefit of all inventions known to the public as soon as possible, which can make the whole country benefit from the inventions and economy develop fast. Through the patent law, inventions can be well protected, so it also improves the nation's enthusiasm for invention and innovation. In the patent law, every country sets requirements for patent granted. So the patent granted system plays a very important role in the patent law. Because of the difference of the political and economic development level, and the level of technology, the patent granted law in each country is different. On January 9,2006, China announced the goal to turn China into an innovative country. To make sure that the patent law can play a positive role on China's development, China's new patent law is carried out on October 1,2009.In the new patent law, the patent granted changed a lot so as to adapt to the development of our patent right granted and improve the competence of innovation. As the world leader in economy and trade, American and Japanese patent laws are also good example to other countries. So, Careful analysis and comparison to the differences of the requirements of patent granted in America, Japan and China can improve the conditions of our patent license.In this paper, two ways are used. they are comparative analysis and case analysis. Thesis is divided into four chapters. The first chapter expounds the background of this study, the significance of this thesis; and research on domestic and foreign. The second chapter introduces legal language. The third Chapter is divided into two parts, one is a comparative on inventions and utility models; the other is a comparative on designs. By comparison, summed up the disadvantages of our patents granted law and at the same time the writers gives advices on how to improve it. After comparing the three countries, it is clear that there is an obvious differences. It also related to the level of economic and scientific. Our new patent granted law improve the threshold, thus enhancing the quality of granted patents. But at the same time, comparing with the United States and Japan, the work team and the system are not perfect. Therefore, China should be adjust own law timely and let law can play the role. We have full confidence in our new patent law. China imitated inventions of developing countries for a long time. Subsequently, We are litigated by developing countries. We make up our minds to change our situation. In order to raise the threshold for our patent granted law. Let our inventions can really show on the world's technology stage.