A Study Of American Post Grant Review

Patent is the core of national economic development, and patent quality is thelifeblood of the economic development of every country. How to improve patent quality,therefore, becomes an issue of common concern. Post grant review of American aims atdealing with enormous problems regarding to questionable patent and patent thicket, thusimproving patent quality. Post grant review means that in the next nine months afterpatent certificate is granted, every person can apply for the invalidity of a patent in PatentTrail and Appeal Board of USPTO, and if the applicant refuses to accept the trial result ofUSPTO, he can institute an appeal in the US Court of Appeals for The Federal Circuit.Though an analysis of the historical development of invalid United States PatentSystem, the paper reaches the advantages of post grant review, and then by a comparisonbetween American post grant review and other country’s pertinent invalid systems, thepaper summarizes the characteristics of American post grant review. The paper isintended to probe into its influence on the development trend of world patent law and itsblueprint from which Chinese invalid patent system can draw lessons and its influence onChinese enterprises’ rights protection in American.Chapter one analyzes the background of the commencement of American’s mostimportant patent system reform in six decades, especially the background of the reform ofpost grant review, and then elaborates on the purpose and the significance of the research.This chapter is designed to investigate the background of American post grant review andits reasons for reform. In addition, based on a brief review of the current status and theshortcomings of previous studies in China and abroad, the paper puts forward someadvice for further studies and lays logical foundation for its follow-up study.Chapter two traces back to the source of American post grant review, and expoundson its function through an analysis of its historic evolution and its position in patentmonitor routine.Chapter three elaborates on the content of American post grant review, including sixperspectives: the proposal of post grant review, the initiation and intermittence of postgrant review, the rights and obligations of the patent applicant during post grant review,the termination of post grant review and estoppels, and transitional post grant review. Chapter four highlights the characteristics of American post grant review by acomparative analysis of the relevant systems in other countries, such as China, Japan,Germany and Britain and so on.Chapter five states American post grant review’s influence on the reform trend ofworld patent law, on the perfection of Chinese patent legislation and on Chineseenterprises’ right protection.