Japanese newspapers are reporting that the Japanese Patent Office (JPO) will begin a study in January of 2009 in an attempt to dramatically change the current patent laws there. Some of the possible areas of change include:
1. Changing the definition of “invention” to include business methods and software
2. Revising employee’s patent rights when working for an employer
3. Disallowing injunctions in order to promote innovation
4. Decrease the amount of time it takes to issue a patent
Currently, applicants must wait an average of 5-6 years after filing before the patent is issued in Japan. The costs associated with the maintenance fees in Japan, as well as the cost of patent prosecution, is the highest of any other country in the world. Also, the Japanese definition of what is obvious is much narrower than most other countries. For example, a patent may be deemed as non-obvious in the USPTO, but could still be rejected as obvious in the JPO.
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