Of American Patent System

Now i am approaching the patent system of US. At first , it is necessary to know about the outline of that country\'s pantent law. Maybe  some fellows who want to  go together with me?

The US has more than 200 years experiences of developing its patent systems. So, with foundations of several codes and thousands of cases, this field looks more firm and healthy. While in our country, China, the patent system is much weaker. I read a book several months ago which published in 1982, including articles (or teaching materials for the found of Chinese patent law system, we could say) written by patent experts(invited by WIPO). The topics related to almost all of the contents we now read in the Chinese Patent Law or its implementing regulations. We take the world-level system two or three years later. However, until now, there is a long way to go to let it become stronger enough.

  It is a very interesting thing if some one tells us the story in that golden period. Frankly speaking, we have a great-leap in the initial five years on the patent system studies, but in the recent 10 years, we almost do nothing on the theoretical level.

Patent, as a form of intangible property , just like other intellectual properties(along with copy rights, trademarks, know-how, or so). Owner in Patent Right represents a proprietary right in intangible products of the human mind, often referred to as “knowledge goods”.

What is patent on earth? As a universal concept , (narrated in the Detailed Resolution of the New Patent Law written by Yin Xintian), Patent is a kind of document, which leads to a legal protection by excluding others to carry out the solutions therein without the right holder’s permission.  

In 35 U.S.C.101, the inventions patentable are defined as following:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter , or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

As a beginner, I would start with USPTO\'s web site for general information and updates on patent regulations.

You are not drafting US patent applications, are you?

Yes, I am mainly dealing  with Chinese and international patent applications. And for better undstanding of patent (or IP) system growing up in China...so , here I am. Thanks for joining me.

Before discussing the patentable subjects regulated in 35USC, I am trying to learn something about  the sources of us patent law.
     First, the US Constitution’s statement of the congress’s power to “promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” (comparing to the PRC Constitution, section 20: The state promotes the development of the  natural  and  social  sciences, disseminates knowledge of science and technology, and commends and rewards  achievements in scientific research as well as  technological  innovations  and inventions.)

   And secondly the federal statutes and regulations. Then the most important , the case law. I don’t have much experiences to read the opinions of the Federal Circuit and a question confuses me for quite a long time: I don’t know the intention of “[]” in the text of different opinions , such as “n the absence of any indication of illegal tying……”. Who can tell me WHY?

I remember if you read a specific case, sometimes a alphabet will appear upon a unfamiliar term indicating detail explaination in disposition under the straight matter, heading with  symbol “[]” plus the alphabet therein.

Are you sure it(the\'[]\') is an indicating for detailed expanation? While i think (but
not quite sure) it indicates difference from the reference. eg: the lovely angelanxiumei said:\" sometimes a[n]  alphabet will appear upon a unfamiliar term indicating detail[ed]  explanation in disposition under the straight matter\".

ps: hehe , just now i asked an experienced attorny of Clifford Chance and my
said words were confirmed.

here comes a simple question, are we learning, or copying American way in patent field?

chinese patent law will modified
the new law will be good for all the people except those who work in the
patent agent office
are there anyone kowns it!