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Main Considerations/Differences in IP Practices Between US and China

In: MINING IDEAS FOR DIAMONDS Comparing China and US IP Practices from Invention Selection to Patent Monetization

Author

Listed:
  • TAO ZHANG
  • JINGUI FANG

Abstract

The following sections are included:Intellectual Property Trend in USIP Trend in ChinaAntitrust in China and USPatent Filing in China — The Changing LandscapeChinese patent system versus US patent systemChinese utility model versus US provisional applicationChinese utility model versus Chinese invention patentChinese utility model deserves attention — benefits and drawbacksChinese patent priority claiming versus US provisional applicationChinese design patent versus US design patentChinese government's subsidy to patent filings may end soonChecklist — differences between Chinese and US patent systemsComparing China and US IP Court SystemsDifferences in the court system — China's new IP CourtsChina's patent litigation procedure — lack of discovery processDifference in privileged communication and work productIP infringement damage awardChecklist — differences between the court systemsPatent Box — Lower Tax Rate for Income from Patented ProductsDifferences in Patent Eligibility for Software and Business MethodsComparison of IP law for softwareSubject matter eligibility comparisonInformation disclosure statement requirement comparisonComparison of third-party pre-issuance submission processPotential Changes to Chinese Patent LawChinese administrative authority in protection of patent rightChoice of patent enforcement forum in ChinaEmployment-related inventionIndirect infringement and ISP liabilitySEP issue

Suggested Citation

  • Tao Zhang & Jingui Fang, 2016. "Main Considerations/Differences in IP Practices Between US and China," World Scientific Book Chapters, in: MINING IDEAS FOR DIAMONDS Comparing China and US IP Practices from Invention Selection to Patent Monetization, chapter 2, pages 22-88, World Scientific Publishing Co. Pte. Ltd..
  • Handle: RePEc:wsi:wschap:9789813146174_0002
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    More about this item

    Keywords

    Patent; Quality; Invention; US Patent Law; China Patent Law; Ideas; Innovation; Monetization; Licensing; Invention Disclosure; Software Patent; Function Claim; International Inventors;
    All these keywords.

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • M10 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Business Administration - - - General

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