Comparison between Chinese and American patent laws

Before (1)20 13, the United States practiced the invention-first system, while the patent system in China adopted the application-first system;

(2) There is a "grace period" in the patent law of the United States, which allows the applicant to retain the right to apply for a patent within 1 year after the first disclosure of the invention, that is, the inventor's own disclosure will not affect his patent application within 1 year. There is no "grace period" in China's patent law, and making it public in any way before the filing date will lead to the loss of novelty;

(3) There is a temporary patent application in the patent law of the United States, but a formal application must be filed during the period of 1, otherwise the temporary application will be deemed invalid, and there is no temporary application system in China; American patent applications have extension applications and extension reviews, while China patent applications do not;

(4) The U.S. Patent Office does not compel the applicant to provide the known prior art (public statement) to the U.S. Patent Office, and the patent right is invalid if it is concealed;

(5) US patent applications must be searched and reviewed at the same time, while China patents are not searched, and the filing period is within 3 years from the priority date;

(6) China patents have utility model patents, but American patents do not;

(7) The calculation standards of the excess cost of patent claims in China and the United States are different. China's patent charges excess fees after the total number of claims exceeds 10, while the United States charges excess fees for claims: the total number of claims exceeds 20 (multiple dependent claims need to be split), and independent claims exceed 3, resulting in multiple dependent claims.