| "Stones from other hills may serve to polish the jade." One of the reasons why the United States can become the world’s most advanced developed capitalist country is that its unique patent system has played an important and unparalleled role in its economic and technological developments.China’s patent system, as well as other intellectual property systems, from the very beginning of establishment, has been forced to transplant under foreign political and economic pressure----Chinese intellectual property protection in the early beginning is Chinese people learning law at the gunpoint of Western countries. Through the development of China’s reform and opening up, China’s intellectual property protection regime is beyond its national level under the enormous pressure of the Western developed countries. From another perspective, however, thanks to this powerful pressure, our country has established intellectual property law system including patent law through transplanting and inspecting. By continually modifying and improving in recent years, the patent system meets international standards of treaties and other countries step by step.In order to ensure that the transplanting patent system can effectively establish in China, not just formally transplanted or copied, it is necessary to study on the legislative practices and experiences of developed countries as guidance. Therefore, the study of the latest developments of the U.S. patent system, not only can help to acknowledge the newest U.S. patent system, but also can extract its essence to construct China’s patent system and make a contribution to the our patent system development.This paper follows historical development of American patent law system as a clue to study and analyze the main contents of this patent reform, to provide materials for China’s patent system.In this paper the main body is divided into four parts:The first chapter is "the introduction of the patent system", which mainly introduces the concept of the U.S patent system and its sources. The first chapter will concretely introduce the concept of patent in the environment of the U.S. legal system, and then details the U.S. patent system as a complete legal system; its legal origin contains Constitution, the enacted law, common law, administrative law, bilateral and multilateral international agreements and so on. The second chapter is mainly about the history of the U.S. patent system; it briefly introduces the establishment and evolution of the U.S. patent system, and emphasizes the later.The third chapter analyses the contents of America Invents Act. From the perspective of the substantive, procedural, administrative and judicial aspects, this part will elaborately analyze the contents of the American Invention Act by comparisons the old patent law to the new one.The last part is mainly about the influence and inspiration of the America Invents Act to China. Drawing the experience of U.S. patent Reform and considering the possible impact on China, this part will explain the reference to China’s Patent System Reform at the present stage. |
