The Latest Modification And Its Reference To China Patent Law

The United States was a very underdeveloped agricultural country at the time it was founded. But the founders of the USA had already realized the importance of science and technology, and what patent can do to it. Thus, in the Constitution, the patent and copyright clause is incorporated. Henceforth, the patent law has been growing in company with the USA, and witnessed the great transformation of the USA from an agricultural country to a super power in economy and science&technology. After more than200years’ development, the US patent law has reached high maturity, becoming model of other countries.On September16th,2011, the US president Obama signed the America Invents Act (AIA) into law. The AIA is deemed as the most dramatic change since1952. This revision is hoped to bring some force to the looming economy in the moment.Compared with other countries, patent law in our country started far behind, but catching up in a very high speed. Right now, Chinese economy is in the key of transforming, and the government has set the goal to establish an innovative country. An adaptive and highly efficient patent system is in urgent need to inspire innovation. This article focuses on the review of AIA, from which trying to learn some lessons for the development of our patent law.Three chapters are included in this article:The first chapter is a brief introduction to the history of the US patent law, mainly about the origin and development of the US patent law.The second chapter is a review of the AIA, which is consisted of two sections: The first section is framework of the AIA. The second section is an illustration of "first inventor to file". The third section is an illustration of "post grant review" proceeding,"inter parte review" proceeding and "supplemental examination".The third chapter is a reference of US patent reform, mainly about the status of Chinese patent law and existing problems, furthermore, some suggestions on Chinese patent law are given.