Patents, Innovation And Economic Performance (Oecd by Organisation for Economic Co-Operation and Development

By Organisation for Economic Co-Operation and Development

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An applicant from some country can apply for patent protection in any number of countries, either directly or by designating members of the EPO. As just discussed, even by 1985 the European patent was by far the most popular means of seeking protection among EPO members. It grew in popularity to the extent that by 2000 the fraction of patents sought directly through the national patent offices rarely constituted more than 2% of the total. 9 Since the EPO patents tell most of the story, and are from a single consistent source, we direct most of our subsequent analysis toward the European patents.

In 2001, while approximately 440 000 patent applications were submitted, only 9 000 utility model applications were submitted. 1. Major changes in Japan’s patent system Wider range patent Stronger patent Microbe (1979) Chemical compound (1976 Animals (1988) Multi-claim (1988) Request for examination system (1971) Extension of patent period for drugs (1988) Definition of software patent (1993) Electronic application (1990) e-money (1995) 1990s User-friendly patent Application laying open system (1971) 1980s 1970s New technology patent Software media (1997) Post grant opposition system (1996) Doctrine of equivalence (Ball Spline case, 1998) Application in English (1995) Application fee reduction (1998)* Raising penalty to patent infringement (1999) Review of penal provisions (1999) Software (2000) Expansion of remedies against infringements (2000) 2000s (Gene-related patent (Business model patent Application fee reduction (1999)* Shortening time limit for request for examination (7 yrs to 3 yrs, 2001) * Until 1998, application and registration fees had been raised occasionally (not described in this table).

Next, we will analyze the effects of patent system changes as viewed by businesses, using results from a survey conducted by the Institute of Intellectual Property. We will then employ an analysis based on interviews with businesses to gather qualitative information unobtainable through the survey. These interviews focused on the biotechnology and IT fields, which have experienced notable recent technological progress. Finally, we will address the policy conclusions that may be drawn from this research.

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