The Future of the Patent System

The Future of the Patent System

Edited by Ryo Shimanami

In a rapidly changing world, the underlying philosophies, the rationale and the appropriateness of patent law have come under question. In this insightful collection, the authors undertake a careful examination of existing patent systems and their prospects for the future. Scholars and practitioners from Japan, the US, Europe, India, Brazil and China give detailed analyses of current and likely future problems with their respective systems, and outline possible responses to them.

Chapter 1: Current situation and vision of the patent system: from the perspective of jurisprudence

Ryo Shimanami

Subjects: asian studies, asian law, law - academic, asian law, intellectual property law


Recently, debate has focused on reform of the patent system. As stated in other chapters in this book, the necessity of patent reform has been advocated in various ways not only in Japan, but also in Europe and America, and in developing countries. These arguments include procedural issues, such as how to ensure effective examination procedures at the Patent Office, the division of roles between a trial for patent invalidation and an infringement lawsuit concerning the validity of a patent right, or issues under substantive law regarding the kind of effect that should be given to a right and to what kind of object or subject it applies. Moreover, the wide variety of problems ranges from specific and practical issues, such as requirements for the exhaustion of rights for a patented product that has been modified, to abstract and fundamental issues that concern the abolishment or reduction of the patent system, questioning why the patent system exists in the first place, or whether the patent system is effective for technological innovation.

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