(1) First Invention Principle
The so-called principle of first invention means that the patent right of the same invention is granted to the person who made the invention first. Completely different from the principle of first application, the principle of first application stipulates that the same invention-creation patent right is granted to the first applicant (natural person or legal person). Today, only the United States and the Philippines adopt the principle of first invention, while other patent offices adopt the principle of first application.
(2) Types of patents
China's patent law includes invention, utility model and design. The protection scope of American patent law includes utility model patent, plant patent and design patent. It should be noted that the utility model patents in the United States are by no means utility models, but the general names of other patents except plant patents and designs. As a big agricultural country, the United States attaches great importance to inventions in the field of plants, not only lists plant patents separately, but also formulates many laws and regulations specifically applicable to plant inventions in terms of application and protection. Article 25 of China's patent law lists new plant varieties as the scope that cannot be protected by patents, but American plant patents do not exclude plant varieties. The United States does not protect utility model patents, but this is not unique to the United States, because many patent offices in the world do not protect utility models.
(3) the scope of the subject type that the patent can protect.
Article 10 1 of the United States Patent Law stipulates that anyone who invents or discovers any new and useful method, machine, product or composition of matter, or any useful improvement on them, can obtain a patent right for it as long as it meets the authorized conditions and requirements. Most patent offices, including China National Intellectual Property Administration, do not protect software, business methods and Internet methods, but these methods are included in the scope of patent protection in the United States. American patent law also protects new varieties of plants and animals. However, American law 42 U.S.C.2 18 1(a) excludes nuclear materials and atomic energy used in weapons from the protection scope of patent law.
(4) comprehensive review system and temporary application
Unlike China, formal patent applications in the United States, whether utility patents or plant patents, have to undergo substantive examination. However, USPTO introduced a temporary application (provisiona application). This temporary application will not be reviewed, but it must be turned into a formal application within one year, or a formal application will be re-submitted with this temporary application as the priority. Because the temporary application is not reviewed, the requirements for the temporary application are relatively low. The inventor may file a temporary application when the invention is not perfect, and then file a formal application after completing the invention within one year. If the applicant fails to file a formal application one year after filing the provisional application, the provisional application shall be deemed as abandonment. This actually provides the applicant with the opportunity to choose whether the application needs to be reviewed.
(5) Application procedures
Because the United States implements a comprehensive examination system, it is not allowed to submit a request for substantive examination when applying for a US patent. In the past, American patents were not made public in the early stage, and they were only made public after authorization. At present, USPTO also adopts the early disclosure system of patent applications, but the applicant can request not to disclose it. If the request is not public, it should be made. According to American patent law, the applicant must be an inventor. Therefore, when applying for a US patent, you need to swear or submit a statement to show that you are the original first inventor and be responsible for the application documents.
(6) Document writing methods
The writing of American patent documents is basically the same as that of China. Although the technical field is not required in the specification, it is inevitable at the beginning of the specification. At the beginning of the American patent specification, it is required to explain the relevant application. See also, if it is a federally funded project, it needs to be explained at the beginning. The writing of the American patent claim does not need two paragraphs. This is convenient for drafting, but it brings difficulties to the review and litigation stage.
(7) Unique classification system
Another major feature of the American patent system is that it basically does not use international patent classification, but always uses its own patent classification. Even though it is bound by international agreements, USPTO only converts American classification number into IPC classification through computer system, and marks it on the first page of its patent literature.