Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba
Chapter 16: The best practice for patent judiciary: lessons from another experiment on specialized adjudication for patent cases in Japan
This chapter discusses judicial systems for adjudicating patent cases in the U.S. and Japan and compares two patent specialized courts, the U.S. Court of Appeals for the Federal Circuit (CAFC) and the IP High Court of Japan. It examines CAFC’s contribution to U.S. industry and international patent harmonization. The chapter further reviews CAFC’s influence on the IP High Court’s institutional design and case law. It analyzes U.S. commentators’ critiques on CAFC and concludes with a proposal for the best practice in adjudicating patent disputes in the Unified Patent Court system in light of the U.S. and Japanese experiences.
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