Patent Law in China and Us

INTRODUCTION:

A Patent is a privilege to desist others from using, making, offering for sale or selling a particular invention. Unlike trademark and common law rights, patent protection must be approved by the patent and trademark office. Only new, acceptable and not an obvious advancement over known technology can be registered under Patent Act. Utility and plant Patents are having life span of 20 years and design patents are having life span of 14 years from the date of the application. Thus, a patent is merely a contract or an agreement between an inventor and the federal government. The federal government awards the inventor the sole right to desist others from1 using the inventions for a set period of time in exchange for revelation of new technology to the public through the patent office.

One example of patentable subject matter is the pop-top opener on most beverage cans. This was first created by Ermal Fraze, who founded Dayton Reliable Tool & Mfg Co in 1949. The pop-top opener was first patented in 1963 and since then other patents improving on the original have been granted. Under UK or European laws, business methods can not be patented whereas US is having liberal provisions in this regard.

A utility patent extends safeguard for the method or function of one’s invention. This patent is more complex in nature than compared to design patent and is expensive to obtain the same as lot of inputs have to be submitted to PTO for registration. A utility patent enjoys wide protection than the design because patenting a function or method offers broader, stronger coverage. A person who copies your invention should avoid all the claims of your patent to avoid action