1. The U.S. patent system is a mixture of statutory law and case law

The patent system makes it possible for innovative products to obtain high profits by providing exclusive rights to inventors. U.S. patent law is a federal law enacted by Congress. The Patent Law Implementing Rules and Examination Guidelines are formulated by the Patent and Trademark Office. The provisions of the Patent Law are relatively broad and the specific content (including the scope of patent protection) is often stipulated in the detailed rules. The Patent and Trademark Office usually drafts implementation rules and publishes them on the Internet based on the needs of U.S. economic and technological development to solicit opinions from the public, professional lawyers, and agents to determine the practicality and operability of the implementation rules. This makes the U.S. patent system more flexible and operable to a greater extent.

2. Emphasis on awarding patents to the first patent inventor

Emphasis on awarding patents to the first patent inventor, not the first patent applicant, also That is to say, even if you register your patent early, there is no guarantee that you will get the patent right, which fully reflects the principle of fairness. The scope of patent protection in the United States continues to expand. For example, while some major countries and regions in the world are still engaged in fierce debate over whether gene technology can be patented, the United States has entered the stage of how to grant patent rights and proposes to grant sufficient patents to network business methods and genetic technology. Protect. Patent litigation in the United States is expensive, but the penalties for patent infringers are also very severe. Strict legal regulations and a strict judicial system effectively protect the legitimate rights and interests of patentees, and also fully reflect the essence of the patent system which is to encourage innovation and promote technological progress.

3. Emphasize the combination of patents and standards

Standards originally belong to the standardization field of technology, but the United States cleverly combines the patent system with technical standards to make use of its technology Advantages then occupy a powerful position in intellectual property rights. Whoever has the power to formulate technical standards will have the initiative in the market. Therefore, some high-tech companies in the United States often first make regulatory things into international standards, and then set all such standard paths as patents for registration, and finally occupy the market. Not only that, as patents and standards are increasingly closely linked, developed countries and multinational companies are striving to turn patents into standards to obtain maximum economic benefits. Therefore, standardization has become the highest form of patent technology pursuit. Moreover, developed countries set up technical trade barriers for the entry of other countries' products by controlling international standards.

4. Link patents to trade

Patent trade accounts for a large proportion of the United States’ foreign trade, and plays an important role in preventing other countries’ goods from entering the U.S. market. The scope of patent protection is actually a matter of monopoly market. Now many companies in developed countries are gaining a dominant position in patents, making it difficult for new companies and researchers to enter, especially restricting the technological innovation space in developing countries. To this end, the United States vigorously develops patent trade and uses this strategy to prevent other countries' goods from entering the U.S. market and facilitate U.S. goods from occupying foreign markets. According to statistics from the U.S. Patent and Trademark Office, patent transfer revenue has been one of IBM's fastest-growing sources of profit. IBM's total profits in 2000 were US$8.1 billion, of which patent transfers accounted for US$1.7 billion. More and more companies are realizing that patents have begun to appear as a commodity in the international trade market. In particular, some developed countries have vigorously promoted the internationalization of patent examination in recent years, breaking the geographical restrictions of patent examination. A few countries are responsible for patent examination and grant patent rights, and other countries only need to recognize the examination results. This situation will greatly restrict the innovation capabilities of developing countries and even pose a threat to their national economic security due to over-reliance on foreign patented technologies.

5. Adopt the principle of whoever invests will benefit

The United States allows patent applications for genetic information and enterprise software. Areas that were not previously protected by patents such as mathematical problem solving, computer software, cryptography and Deciphering human genetic genes is becoming patented one after another. Intellectual property management can help encourage private companies to increase investment in research and development and innovation, but negative effects also exist.

In the short term, research and development may be used for projects with low social benefits, thereby reducing its productivity and affecting the investment efficiency of R&D; in the long term, even if strengthening intellectual property management will not reduce the productivity of research and development, overly extensive intellectual property rights will Could stifle the next wave of business innovation. For example, gene technology patent rights basically belong to basic scientific knowledge patent rights. Although this knowledge may serve as the basis for further research, the rights of the initial patent holder will hinder further use of this technology.

The U.S. patent system emphasizes stimulating innovation and promoting technological progress. It believes that excessive patent protection will create monopoly. Therefore, when the United States established the protection system, it imposed legislative restrictions. Article 1, Section 8 of the U.S. Constitution stipulates that “Congress shall have the right to promote the development of science and technology by granting to authors, for limited periods, the exclusive right to their works and inventions.” This shows that the U.S. Constitution was considered when drafting When it comes to protecting intellectual property rights, the purpose is not to protect for the sake of protection, but to promote the development of science and technology. Moreover, this trend has been continuously strengthened in the era of knowledge economy, and a phenomenon has also emerged in the protection of patents: On the one hand, the phenomenon of knowledge infringement is serious, on the other hand, the trend of monopoly is getting faster and more serious. Monopoly patents are like monopolizing goods. For example, Microsoft has formed a monopoly position in such a short period of time. This phenomenon shows that the conflict between personal interests and social interests has intensified in the field of knowledge. The United States emphasizes the protection of intellectual property rights while also emphasizing restrictions on the abuse of patent strategies. In May 1998, the US government sued Microsoft in the dock. The U.S. government believes that if a successful person abuses his rights, the country's laws should intervene to defend the interests of the public, society, and consumers.