This website uses cookies to ensure you have the best experience. Learn more

From Stars And Stripes To Rising Sun: A Study Of Patent Laws In The United States And Japan

3438 words - 14 pages

From Stars and Stripes to Rising Sun: A Study of Patent Laws in the United States and Japan

Introduction There is no question that the United States and Japan are technological leaders of the world. They are two of the nations with the highest annual number of intellectual property patents granted.1 Both nations have achieved such great successes in the world of intellectual property as a result of a variety of reasons. Among these reasons is the encouragement of innovation and invention with monetary benefits in return. Both the United States and Japan have well-defined, stringent patent laws for intellectual property. These laws encourage competition among organizations and ...view middle of the document...

The justifications for enforcing patent laws include the advancement of technology, the increase in economic growth, and the improvement of the quality of life.3 These are compelling reasons for nations to have clearly defined patent laws on intellectual property, and they are some of the reasons that the United States and Japan have similar patent laws.

In addition to patent laws within individual nations, WIPO is an international organization that oversees international patents. Individual nations can voluntarily join WIPO, whose current membership is 179 nations. One significant task for which WIPO is responsible is the handling of international patent applications. If a company from a WIPO organization wishes to patent its invention in all WIPO nations, it can submit an international patent application to achieve this. The application allows the inventor who is filing to specify in which WIPO nations the patent is to be filed. Both the United States and Japan belong to WIPO.

Patent Laws in the United States Under the United States patent laws, a patent can be granted for a process, machine, manufacture, or composition of matter, or a useful improvement of any of the aforementioned. A new invention patent is granted only to the original inventor of a product and lasts for 20 years. An inventor forfeits his patent rights, if he publicizes his invention more than a year before filing for a patent. He also forfeits such rights, if he files for a patent for the same invention in another country more than a year before filing in the United States. This law differs from those of most other nations, where an inventor cannot publicize or disclose his inventions at all, prior to filing for a patent. Another related policy difference between the United States and most other nations is the granting of a patent based on first-to-invent versus first-to-file. In the United States, if more than one inventor files for the patent of the same invention, the entity who is granted the patent is the one that can prove it was first to invent the product, and this patent-granting practice is known as first-to-invent. In all other nations, except the Philippines, when the same dilemma occurs, the entity who is first to file for the patent is the one who is granted the patent, and that is known as first-to-file.

Patent Laws in Japan In Japan, intellectual property rights are protected by several laws, including the patent law, the utility model law, the design law, the copyright law, and the trademark law. The first three of these laws protect an inventor or organization in an industrial realm. While these laws are similar to one another, each protects a different aspect of intellectual property. New inventions, such as a new computer program, are protected by the patent law. Combinations or unique structure of such inventions are protected by the utility model law. New designs of existing inventions, such as a new graphical user interface, are...

Other Papers Like From Stars And Stripes To Rising Sun: A Study Of Patent Laws In The United States And Japan

Children and Poverty in the United States

1851 words - 8 pages of Hope Although the problems with poverty continue to grow, there are some signs of hope and things that all Americans can do to help families who live under the poverty level. Three out of every four people who vote agree that the government is not doing all that it could be to help our children in the United States. Voters all over the country from all ages, races, and backgrounds also agree that even though our country is facing a

Race and Inprisonment in the United States

1687 words - 7 pages , “No other country in the world disenfranchises people who are released from prison in a manner even remotely resembling the United States” (Alexander, 2012, p. 153). How sad is this? In conclusion, the effects of discrimination are long-lasting. It causes feelings of worthlessness, believing that one’s talents, skills or abilities will forever go unnoticed, and sensing that no matter what you do to try to change things, you’ll never succeed

Principles and Articles of the United States

2697 words - 11 pages impeach and remove a President. The Executive Branch: The power of the Executive branch lies within the President of the United States. The President’s cabinet consists of the Vice President, various advisors, agencies and departments. Some of the duties in this branch are: ▪ To make sure that all the laws of the land are being enforced. ▪ With Senate approval the President can nominate judges to the federal and supreme courts

Comparison of Oedipus Rex and a Raisin in the Sun

1883 words - 8 pages of America in the 50s and 60s. An analysis of A raisin in the sun. The time line of the play is the early sixties, when America was yet to see greater racial mixing and tolerance. The Gurus from the east were just arriving and the Mississippi burning would happen in 1964, Black activism had not reached the zenith. And Black Americans still lived in ghettos. The play shows the first moves being made, the first tentative steps towards racial

Impearalism In The United States. Describe The Events Leading The US To A Policy Of "Imperialism."

838 words - 4 pages a great empire. The idea of this reincarnated Manifest Destiny was molded to ideologically benefit all Americans. The business leaders in corporate circles were told that prosperity required overseas markets. The small farmers were told the same. The more demand, the greater the profits. In 1890, Secretary of State James Blaine "warned in 1890 that United States productivity was 'outrunning the demands of the home market." The military-minded

A Comparative Study of Protections for Workers in America, Europe and Japan

2382 words - 10 pages time passes the business environment will continued to change. References White, G. (n.d.). Compare U.S Labor Laws & European Labor Laws. Retrieved January 29, 2016, from http://smallbusiness.chron.com/compare-us-labor-laws-european-labor-laws-62420.html Gould, W. B. (1984). Labor Law in Japan and the United States: A. Berkeley Journal of Employment & Labor Law, 6(1), i, 1-64. Retrieved January 28, 2016. Gornick, J. C., &amp

Evaluation of R&D Relief and Patent Box Scheme in the Uk and Belgium

3628 words - 15 pages ; Development” and the “Patent Box” Schemes with review of various commentaries. The second part will introduce these two tax incentives in Belgium, which followed by a comparison of these two tax expenditures between these two countries. 2. UK’s Research and development relief 2.1 definition and schemes As demonstrated by Derregia and Chittenden (2006:3), compared with US, Germany, France and Japan, UK has been facing a steady decrease in R&D

India and the United States

2341 words - 10 pages ; state and local governments, which might be expected to resist the movement of jobs away from their voter and taxpayer base, have begun to move work offshore because of budget pressures. On top of that, highly skilled, educated labor is far cheaper in many developing countries than it is in the United States. The savings in labor costs can be as high as a factor of 90 percent, though when one counts the additional burdens of management and

The United States and Israel

2652 words - 11 pages movement and preparation of creating a Jewish state - until today, and its stance has always been changing and inconsistent throughout history. Some U.S. Presidents have supported Israel from its creation while some have opposed Israeli settlements and put effort into achieving peace and giving Palestinians back their rights. The Zionist movement in the United States was pushing to create a Jewish state in Palestine around 1916. President

Rome and the United States

628 words - 3 pages pressure from the federal government and a bribe that they would give a hundred million dollars to the state of Nebraska, Senator Nelson supported the Health Bill. His vote gave the Democrats the sixty votes they needed to pass the bill. Another problem in both Rome and the United states was government overspending. Rome faced overspending in its military. They needed to defend the Empires borders from Barbarian attacks. Many Romans lost their

Comparison And Analysis Of Social Justice In The United States And India

1256 words - 6 pages Comparison and Analysis of Social Justice in the United States and India Jessica M. Alstad Argosy University Author Note All correspondence pertaining to this work should be directed to: Jessica Alstad, 4305 Grayson Drive, Indianapolis, IN 46228 Abstract Social justice has multiple definitions depending on the country a person resides in. The definition of social justice in the United States differs from that definition in India. Some

Related Essays

Japan And The United States Differences

1435 words - 6 pages from getting frustrated (Bosrock, 2014). The Americans must keep a calm demeanor and refrain from getting upset to become successful. Decision Making Styles Japan culture is a “more formal process in which business relationship are hierarchical of order. A senior manager will join the discussion, and any potential merchant from another culture will only have its same rank manager take part. Japanese make decisions slowly to study each business

Cultures In Comparison: Japan Versus The United States

2263 words - 10 pages man and a woman. After this union, the husband and wife would have children and create a family. As time evolved, so did many ideas about marriage. The ideal age to get married has varied from culture to culture. Also, the concept of separating after marriage, divorce, has become fairly popular. Within most marriage vows it states, “Until death do we part.” Now many people are parting way before death. Marriage ceremonies in Japan are

The Growing Gap Of Wealth In China And United States

4084 words - 17 pages the U.S. trade deficit with China killed 2.8 million jobs between 2001 and 2010, but some challenge that finding. For as much as China churns out more engineers and programmers than America does, it has yet to produce a Steve Jobs. That’s the power of development of United States. And on the other, the explosion in Chinese exports in recent years has resulted in a flood of inexpensive goods for American consumers. In fact, there are only limited

Purpose And Organization Of Policing In The United States

630 words - 3 pages inspect fraud and violations of public rights. Purpose of policing in United States Order maintenance is a primary purpose of the police in United States. It is significant in maintaining peace and minimizing behaviors that are a nuisance to the community. Law enforcement is another purpose of the police in the US. It is employed in situations where the law has been broken, and an identified suspect has to be investigated of the crime that he is