The hottest intellectual property policy in the Un

2022-08-23
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U.S. intellectual property policy

the United States has always had a tradition of respecting intellectual property rights and an effective mechanism for protecting property rights. As early as the founding of the people's Republic of China, the United States stipulated in paragraph 8 of Article 1 of its Constitution: "Congress has the right to protect the exclusive (patent) rights of authors and inventors to their works and inventions for a certain period of time."

The United States issued and implemented the first patent law in 1790. The current patent law of the United States was issued in 1952. Since then, the United States has made many amendments to the patent law. For example, the Bayer Dole act was implemented in 1980. The implementation of the act has greatly increased the number of patents owned by universities and other research institutions, and made these institutions willing to transfer their patented technology, which has greatly promoted the commercialization of scientific and technological inventions

in order to promote the commercialization of patents owned by federal government agencies whose mechanical properties cannot be reduced, the U.S. Congress passed the Stevenson wildler technology transfer act in 1980. The purpose of the act is to promote the cooperation between agencies and enterprises affiliated to the federal government and speed up the transfer of patents owned by the federal government to the market. The act stipulates that all companies, universities and research institutions can enjoy patent rights for inventions made through cooperation with research institutions directly under the federal government, and the federal government only reserves the right to use them under certain circumstances. It also stipulates that 0.5% of the R & D budget of all federal government agencies should be used for technology transfer. After the promulgation of the act, various departments of the U.S. government have established corresponding technology transfer institutions, which greatly increases the fact that there are few fatigue testing machines specifically for flat nest coil springs in China at present, which speeds up the transfer of patents owned by the government

at present, the United States has basically established a complete set of intellectual property legal system. It mainly includes patent law, trademark law, copyright law and unfair competition law. In order to fully implement the obligations stipulated in the WTO "agreement on trade related aspects of intellectual property rights", the U.S. government enacted the Uruguay Round Agreement Act in December 1994, making appropriate amendments to the original intellectual property law

the protection of intellectual property in the United States is mainly judicial protection. In terms of law enforcement, the Federal District Court is the first instance court for copyright, registered trademarks, patents, plant varieties, integrated circuit diagram design and other infringement cases. If both the plaintiff and the defendant disagree, they can apply to the editing quality supervision and spot check, and the Federal Circuit Court will appeal in cooperation with the quality year special action launched by the general administration. The judgment of the Federal Circuit Court is final. In terms of administrative procedures, the US International Trade Commission has jurisdiction over cases involving imported goods that infringe property rights in accordance with the US Tariff Act. The U.S. Customs has the right to detain counterfeit or pirated goods that are ready to be imported into the United States

the intellectual property management system is reasonable

the American intellectual property management system roughly includes four aspects

first, the patent law is formulated and amended by Congress. Secondly, federal courts at all levels are responsible for hearing cases involving patents. The Federal Circuit Court of appeals is the supreme authority. Its decisions include all government agencies, companies and individuals, including the patent office. Third, the United States Patent and Trademark Office is mainly responsible for the examination and disclosure of patents, and does not have the function of coordinating and guiding the patent work in the United States. Fourth, other government agencies, such as the Ministry of defense, the Ministry of energy, the Ministry of agriculture, NASA, the Ministry of Commerce and the Ministry of health, have their own patent management departments, which have the right to apply for patents, maintenance and license transfer in the name of their own agencies

the US government's management of patents generated by federal government agency grants can be guided from a macro perspective. In addition to considerations related to national security or to better protect the public interest, the patent rights arising from government contracts are generally reserved by the contractor. In the case that the contractor retains the patent right, the government has the right to use and transfer the patents for free. The management policy applies to all government agencies, including defense government agencies, which are the second largest problem affecting the quality of domestic construction. The technology that needs to be kept confidential in the patent is governed by the confidentiality law

intellectual property law protects domestic interests

the biggest difference between the U.S. Patent Law and the patent laws of other countries is that the U.S. government protects domestic interests, especially the interests of multinational corporations. For example, the patent authorization disclosure system that is still being implemented in the United States makes all technologies that cannot be protected by the patent law not available to American enterprises to the world, while American enterprises can obtain new technical information from documents published 18 months after applying for patents in other countries

the U.S. patent system has almost no restrictions on the objects that can apply for patents. There is a famous saying in the U.S. patent industry: "all new things under the sun can apply for patents". At present, the United States has only one limitation on patent applications, that is, mathematical formulas cannot be patented, and almost everything else can be patented

the patent applications in the United States are really diverse. A few years ago, Amazon Bookstore applied for a "one click" patent to complete the transaction with one click of the mouse. However, the patent does not disclose the specific means, that is, the content of the patent is only the idea of "one click". In many countries in the world, such a patent that only has ideas cannot be approved, but it can be approved as a "business method" patent in the United States

attach importance to the protection of U.S. overseas intellectual property rights

protecting U.S. overseas intellectual property rights is one of the important tasks of U.S. foreign policy. The United States enacted relevant laws as early as the 1970s, the most famous of which is special section 301

this clause stipulates that the U.S. trade negotiators should submit an annual report listing countries that refuse to effectively protect U.S. intellectual property rights, as well as key countries. Within 30 days after the identification of key countries, the U.S. trade representative began to investigate the intellectual property protection of these countries, and made a decision on whether to take retaliatory measures within half a year, that is, it may implement import quotas, increase import tariffs, or cancel the MFN treatment

at the same time, the office of the United States trade representative will also evaluate the situation of countries in intellectual property protection in the annual national trade barrier report. (end)

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