Japan's patent system: an analysis of patent protection under Japan's first-to-file system

Article Abstract:

Foreign applicants filing with the Japanese Patent Office can benefit from a better understanding of the differences that exist in Japan's first-to-file system, and US legislators should be aware of the Japanese systems capacity for promoting innovation and competition for technology. The Japanese office is understaffed and language difficulties can cause delays, but Japan's filing system provides business with greater certainty. A greater awareness of and familiarity with Japan's patent system is essential for US competitiveness.

Analysis, Patent practice

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Animal variety protection: a proposal for a US model law

Article Abstract:

An Animal Variety Protection Act could provide patent protection to breeds which were created using traditional agricultural methods. The law could use similar language to the International Convention for the Protection of New Varieties of Plants, for the purpose of international harmonization. The problem of defining a variety of animal can be solved by identifying it with the market use of an individual name and distinguishing characteristics.

Intellectual property, Animals

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Japan's patent system: an analysis of patent protection under Japan's first-to-file system

Article Abstract:

Some of the US preconceptions about the Japanese patent system are misguided. The Japanese system does not discourage free enterprise, rather, Japanese companies see patenting as crucial to a competitive posture and encourage the filing of patents. Intense domestic rivalry accompanies the Japanese first-to-file system. Contrary to popular belief, Japanese companies are not reluctant to help enforce US patents against domestic rivals.

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