What is the main difference between the US and China patent system?

I am now studying about patent application in the university, I was wondering what is the main difference between the US and China patent system?

Thanks!

Well, it\'s a good question, and also, it\'s a big question which is not easily to be answerred. Allow me to give two viewpoints regarding a basic principle of \"first inventt\" and the patent type.

1.Principle of \"first invent\"---
In US, if you can prove, someone who invent first will be granted the patent. But, in China, no matter you can prove or not, the patent will be granted to someone who file first. In short, someone invent first will get the patent; in China, someone file first will get the patent. It sounds similar, but indeed, it\'s different. For example, in some countries, there may be about 6~12 months of grace period for inventor to prolong his/her patent filing since he/she exhibited his/her invention. In such kind of situation, the filing date will be regarded as that day when SIPO receives the application; but in US, the filing date will be regarded as the exhibition date, and even earlier.

2.Patent type
All we had known, China has \"Utility patent\" which is only examined by formality, without substantial examination. In US, all of patent types, including utility patent, plant patent, design patent, IC layout, etc, need substantial examination.

There may be more difference between these two countries. As far as I remenber, these two points are the biggest issue I ever known.

Another significant difference between the US and China patent systems is that, in the US, a patent is always awarded to the person who made the invention, whereas in China, the patent may be awarded to the applicant (e.g. the company who employs the inventor). US patent law strictly requires that the inventor/applicant to swear that the invention was made by him(her)self. The applicant may assign the patent to someone else but no one can apply for the patent except the inventor him(her)self.

Talking about patent types, in US there is a type of application called provisional application. A provisional application is not examined and not published. It does not directly result in a formal patent and it expires after 12 months. Subsequent patent applications, if filed within 12 months from the filing date of the provisional application, may claim priority to the provisional application.