American Intellectual Property in the Two Nations

" It must be tender or novel, useful and nonobvious. In a patent application, the owner must disclose any known prior art. If the initiation was published or has been in public use or offered for sale within one year prior to the m the patent application is filed, a patent will be denied nether 35 U.S.C. sec. 102(b). Metallizing Engineering Co. v. Kenyon Bearing & Auto move Co., 153 F.2d 516 (2d Cir. 1946), cert. denied, 328 U.S. 840 (1946). The first to invent is entitled to a patent, but genus Alces and See say that "delay in filing a patent after reduction to practice creates a confidence of abandonment."

The patent owner for the life of the patent has a reform to bring an action in federal district truthcourt against an infringer of his patent. Remedies include damages and injunctive relief.

2. peckmarks and Tradenames. According to Foster and Shook, "a earmark constitutes a symbol by which the source of goods is identified." Trademarks trick be registered at the PTO low the federal Lanham Act, 15 U.S.C. 1051-1127 (1988) and under state law, but state registration offers protection but within a narrow geographical area. Common law remedies may alike be available for unregistered trademarks under state law. Federal trademarks are issued to the first user to register. The basic rule is that the mark must be distinctive and confirm a secondary meaning. According to Foster and Shook, "there can be no trademark rights for a common descriptive name -generic name- of a product

capital of France Convention for the Protection of Industrial Property, July 14, 1967, 21 U.S.T. 1583.

Patent natural law of P.R.C. of 1984, as amended by Patent Law of P.R.C. (1992).

It also extended the life of patents issued under it, depending on the type of purpose involved, from 15 to 20 years and from five to 10 years.

However, it remained a "filing first" system, as opposed to America's "invented first" system, for ascertain to whom patents would be issued. This implies that the Chinese Patent Office, which was ill-prepared for its task, would be able to discard patents to applicants with no prior art or use in favor of those who might have filed later but had a solid international patent position. Hill and Evans say that " more inventions patented in the United States would not be allowed to vex patents in PRC." The Chine se also require international patent holders to issue compulsory non-exclusive licenses for the domestic market. (All licenses of intellectual place in the United States are entered into at the option of the owner thereof).

A trade name "signifies the goodwill in an first step as a whole, rather than particular products or services." Trade names are governed by state law and cannot be registered with PTO. Infringement of a trade name is governed by the same(p) principles, however: whether the use is likely to cause confusion in the marketplace.

Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, Oct. 29, 1971, 25 U.S.T. 309.

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