Skip to main content

Intellectual Property Rights and U.S.-Japan Competition in Biotechnology Report of a Workshop (1991) / Chapter Skim
Currently Skimming:

5. Future Prospects and Policy Considerations for the United States
Pages 34-43

The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.


From page 34...
... What are the prospects that the Japanese will adjust their policies? The long wait for a patent grant is also a target of criticism within Japan, although the argument sometimes relies heavily on the notion that reducing the backlog is something Japan should do to avert criticism from the United States and other countries.74 The Japanese Patent Office is introducing an electronic filing '30ther non-patent factors also have an impact, including the approval process and the pricing of pharmaceuticals by the Ministry of Health and Welfare, and the distribution system.
Read the entire page →
From page 35...
... 75See "Kyo Kara Tokkencho no Denshi Shutsugan Seido Sutato" (The JPO's Electronic Filing System Starts Today) , Nihon Keizai Shimbun, December 1, 1990, p.
Read the entire page →
From page 36...
... The WIPO draft treaty contains provisions addressing the doctrine of equivalents and the time taken for exarnination.79 Other American observers, however, urge 78According to Japanese press reports, the main stumbling block to harmonization is the reluctance of the United States to give up "first to invent." See, for example, "Bed no sengan tekkai de ansho ni" (Hitting a reef over U.S. rejection of first to file)
Read the entire page →
From page 37...
... biotechnology companies. 80See World Intellectual Property Rights Organization, op.
Read the entire page →
From page 38...
... The United States allowed the release of the 1988 panel report, which was in basic agreement with the European charges, and for the last several years the United States Trade Representative (USTR) has informally explored several possible changes in the system.
Read the entire page →
From page 39...
... The revised bill, if passed, will have an impact on trade as well, because the ITC can only exclude products on the basis of process patents.87 "The Biotechnology Patent Protection Act of 1991," which essentially overturns Durden, has the support of the PTO. Some opponents of the legislation, including the Intellectual Property Owners, Inc., assert that it "would require the PTO to issue process claims without examination for novelty or nonobviousness when the related product claims are held patentable, .
Read the entire page →
From page 40...
... The Industrial Biotechnology Association (IBA) supports changing patent law, a position which was partly responsible for Cetus and Genetics Institute leaving the trade association.89 REGULATION Though the recent effort by the U.S.-Japan Business Conference to harmonize the scientific databases underlying the regulation of biotechnology products is not directly related to IPR, it does illustrate that IPR is not the only area where government policy directly influences the competitive playing field.
Read the entire page →
From page 41...
... Such exchange would help all three patent offices ensure the integrity of their files and improve the reliability of the examination process.93 COMPETITIVE IMPLICATIONS FOR U.S. BIOTECHNOLOGY The international aspects of intellectual property protection have a major impact on the growth prospects for U.S.
Read the entire page →
From page 42...
... Intellectual property rights issues are important, but other questions deserve consideration as well. For example, U.S.
Read the entire page →
From page 43...
... commercial biotechnology even if changes are made in IPR policies. Industry and government leaders will need to consider these issues, in conjunction with intellectual property rights, in their efforts to ensure that the United States remains the leader in commercial biotechnology and receives the commercial benefits of its innovations.
Read the entire page →

Key Terms

  • american companies
  • japanese patent
  • patent office
  • patent protection
  • patent law

  • world intellectual
  • nihon keizai
  • patent applications
  • biotechnology industry
  • keizai shimbun

  • business conference
  • japanese market
  • biotechnology patent
  • international ipr
  • property owners

  • electronic filing
  • uruguay round
  • japanese companies
  • draft treaty
  • property organization

  • panel report
  • playing field
  • ipr protection
  • protection act
  • patent offices

  • patent grant
  • american firms
  • capital scarcity
  • domestic ipr
  • government efforts


    • This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
    More information on Chapter Skim is available.