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"Introduction" [2012] ELECD 1188; in Shimanami, Ryo (ed), "The Future of the Patent System" (Edward Elgar Publishing, 2012) 1

Book Title: The Future of the Patent System

Editor(s): Shimanami, Ryo

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781000533

Section Title: Introduction

Number of pages: 6

Extract:

Introduction
Ryo Shimanami

Since it first took shape in England in the 17th century, the patent system
has consistently continued to enhance its function and effects. Yet there has
been no era other than today where the significance of the patent system
has been questioned and calls have been made for reform. Pathological
phenomena, such as the sharp increase in the number of patent applica-
tions, the decrease in the quality of patent rights, the increase in the cost of
patent infringement lawsuits among other phenomena, are now common
and serious issues in many countries and regions. Papers and publications
with provocative titles referring, for example, to the crisis or failure of the
patent system, have become too numerous to count.
This book intends to analyze different perspectives on the turning point
now faced by today's patent system under the current period of reform
and different visions for its future, based on its status in Japan, the U.S.,
Europe, India, Brazil and China, where the level of acceptance of the
patent system varies, and by applying two theories, which have different
approaches: jurisprudence and economics.
Part I presents the arguments of a Japanese jurist and economist and an
American scholar with profound knowledge of the law and economics on
the current status and vision of the patent system. The following points
will be examined in this chapter: whether the patent act provides uniform
norms for all technologies and disputes, and how far the patent right
retains the characteristics ...