A Comparative Study on the Differences of Patent Protection Systems between China and the United States in International Trade: Focusing on China TOLLEA as an Example of the Collective Attack and Oppression of US Companies

Based on the results of the ‘337 investigation of unfair acts’ conducted by the United States International Trade Commission (ITC), China was categorized as the highest percentage in Asia. Through this investigation, Chinese companies that entered the United States suffered significant losses due to the unfair sales suspension and high cost of investigation’s evidence. For example, Chinese TOLLEA company suffered serious damage from the 337 investigation despite filing a patent application in the United States. Even though the disputes also arise in China, additional damage was caused by the lack of legal remedies in China. Through these circumstances, we found that Chinese companies were not protected by patents both local and international. Using the fourth revision of China’s upcoming Intellectual Property Law (related to the upcoming patent law) this paper aim to recommend the preparation of local and international legal support protection for China in abroad especially in the United States. To make an accurate patent decision on domestic patent protection, the government must amend the laws supporting the role of administrative agents, encourage the experts and giving fair judgments to reduce unreasonable situations that might occur due to inadequate systems.