Toyota non-stop automatic loom (G type)
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The United States of America's 16th President, Abraham Lincoln, himself an inventor, said, "The patent system added the fuel of interest to the fire of genius." In time, heavy manufacturing industries protected by strong patent rights became the foundation of that country's prosperity during the 20th century.
The first commissioner of the Japan Patent Office, Korekiyo Takahashi, became aware of the importance of the intellectual property system in the development of modern industry in Europe and the U.S. and introduced a patent system to Japan in 1885. This means that Japan's patent system is older than both its constitution and its parliament. Ever since, this intellectual property system established along with the dawning of modernity in Japan has enabled the nation's own technologies to flower. Before and after World War II, it has supported Japan as a major economic power. Today, Japan has more patent applications than any other nation. Japan is expected to take a leading role in the international discussion of the formation of the intellectual property system that will be the key to worldwide economic development.
Intellectual property systems have supported the radical progress of civilization and technology and industrial development since the Industrial Revolution. In order to establish an operational system appropriate for the demands of the 21st century, the Japan Patent Office has been working daily on new issues in accordance with the "Advanced Measures for Accelerating Reform toward Innovation Plan in Patent Examination 2007" set forth and published on January 25, 2007.
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•The constantly evolving intellectual property system
Original inventions and brands are protected as economic value, and the profits they generate become the source of new inventions and brands. In order to invigorate this cycle, the Japan Patent Office is always working to improve the system while watching for changes in technologies and markets. In order for Japan's industrial technology to leave behind its postwar catch-up mode and open the way to new global frontiers, strengthened protection of intellectual property and promotion of domestic innovation are necessary. The Japan Patent Office is therefore revising laws to expand the extent of rights granted and to strengthen penalties for infringement of intellectual property rights. At the same time, it is accelerating its efforts to improve the examination system through the speedy granting of high-quality patents. Over the next five years, it will hire up to 500 fixed-term examiners and promote the outsourcing of prior art searches to the private sectors.
With international competition growing fiercer, companies need to manage their intellectual property in a strategic way. Rather than applying for a patent for every result of their research and development, they need to decide whether to obtain a patent, which involves the possibility of prematurely making public the results of R&D, or to conceal advances as corporate secrets. If they choose to patent, it is vital that they secure global rights, including foreign patents. The Japan Patent Office creates environments for the building of such intellectual property portfolios and the establishment of in-house systems. In concrete terms, in addition to "The Guidelines on Prior Use Rights in the patent system (case examples)" published in June 2006, the Japan Patent Office has set out and published "Case Examples for Strategic IP Management". They describe practical guidelines for management of each stage of the process of obtaining rights as well as the proper forms for intellectual property management systems. In addition, The Japan Patent Office provides information useful to companies through the "Japan Patent Office Annual Report 2007" and the "Portal Site for Patent Strategy"(tentative name). It also holds the Patent Strategy Conference, where the Minister and industry experts can exchange opinions. The Japan Patent Office actively makes use of such opportunities to exchange ideas with industry.
•Towards the realization of "Global patent system"
Since the patent system began in Venice in the 15th century, virtually every country has adopted some kind of patent system. Various international initiatives have attempted to move the different national systems toward common conditions for the granting of rights and common examination procedures. In recent years, explosive innovation in information technology and the globalization of corporate activities have accelerated the flow of information across national borders, but systemic differences among countries remain a major obstacle to economic growth.
the Japan-China-Korea Patent Office Commissioners Meeting
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In particular, Japan is a major patent application nation, with about 500,000 applications per year, accounting for around 30 percent of the world total. In order to facilitate the global development of Japanese companies, harmonization of the international patent system and cooperation with patent offices in other countries are important issues. The Japan Patent Office seeks a "Global patent system, in which a patent granted to an invention in one country, would, after application and examination, apply worldwide. It is leading international discussions on this issue. Although discussion of harmonization of the conditions for granting patents began in 1985, disagreement between developed and developing countries led to the two sides merely talking past one another. However, at a September 2006 meeting of the patent agency directors of 41 developed nations, agreement was reached for the first time on the basic elements of the harmonization of patent laws. Currently, developed nations are leading the way on the rapid drafting of a substantive patent law treaty.
Furthermore, of the roughly 1.6 million annual patent applications worldwide, about 40 percent are duplicates filed in another country. Cooperation among various countries' patent offices through mutual use of advanced technology searches and the results of examinations should significantly reduce costs and work for the offices and for applicants. In July 2006, the Japan Patent Office and the US Patent and Trademark Office began sharing examination results and so on via a pilot program called the Patent Prosecution Highway. The Japan Patent Office is working to build other cooperative relationships through bilateral agreements with European countries and through the WTO, APEC, and economic partnership agreements (EPAs).
Minister Amari compares a real bag and a pirated version
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In addition, strengthening protection of intellectual property overseas, in the rapidly-growing nations of Asia and so on, is an important issue. According to a March 2006 survey by the Japan Patent Office, 23 percent of Japanese companies have suffered losses to counterfeit or pirated goods. The World Customs Organization estimates that the worldwide scale of the trade in counterfeit goods is in the order of ¥80 trillion. In order to stamp out the global proliferation of counterfeit goods, the Japan Patent Office promotes international cooperation. At the same time, it works closely with police and customs to stop the distribution of counterfeits within Japan and carries out campaigns to eradicate counterfeit and pirated goods by raising consumer awareness.
•Fostering original designs and attractive brands
Fostering outstanding brands and designs by protecting them as intellectual property is another important mission of the Japan Patent Office. For example, Japanese companies with great brand power such as Toyota and Sony have established worldwide reputations by providing the world with outstanding products. Brands add higher value to products and services and are extremely effective at product differentiation. Design is a means of establishing a brand by making a simple visual appeal through elements such as necessary product concepts, technology, quality, and service.
Hello Kitty
Trademark registration no. 3302503
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The Nozomi 500 bullet train (design registration no. 994835)
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In order to foster brands and designs that generate this higher value, the Japan Patent Office continuously exchanges ideas with industry and consumers in order to improve systems. In April 2006, it adopted a "Regionally based collective trademarks" system. Protecting the brands of signature products bearing the names of regions will support the revitalization of local economies.
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