从美国_专利法_第102条看发明人先申请制的实质_金海军.pdfVIP

Abstract: The America Invents Act (AIA) has been effective on September 16, 2011. This comprehensive legislation ended the patent law reforms over 30 years in the Congress and was concerned almost every corners of the current patent regime in the U.S. It has been regarded as one of the most important revolutions together with the Patent Act of 1952. The issue of most significance, inter alia, is the amendments of Section 102. On March 16, 2013, the U.S began to implement the First-Inventor-to-File rule to replace its First-to-Invent rule which has been enforced in last two centuries since the fi rst Patent Act in 1790. Contrary to the general observation, this new system did not adopt the First-to-File rule to harmonize with those in other countries. What’s more, despite the color of revolutionary characteristics, the basic concepts and fundamental theories under Section 102 remained unchanged. For the purpose of understanding the nature of the First-Inventor-to-File system, it’s therefore necessary to analyze the text of Section 102, to learn the similarities and differences of the related concepts