A closer look at recent Chinese and US patent law reform: Will the America Invents Act and China's Third Amendment reduce the Sino-American Patent Divide?

Abstract

Differences between Chinese and US patent law has led to growing conflict between the two nations over the past several decades. However, both countries have recently undergone major legislative patent reform, bringing them closer into alignment in some respects while also creating new differences. In 2008, China implemented its latest patent reform, The Third Amendment, which aims to enhance enforcement mechanisms and increase infringement penalties. Additionally, in 2011 President Barack Obama implemented the America Invents Act, which is most well-known for altering the US patent scheme from ‘first-to-invent’ to ‘first-to-file’. This article will explore the current Chinese and US patent regimes. The first section will analyse the significant differences and similarities between Chinese and, US patent law after the America Invents Act and China’s Third Amendment. The second section will discuss two prominent patent cases between the USA and China that resulted from differences in national patent law: Pfizer’s Viagra patent and Apple’s iPhone patent.