07/09/2018

Two’s Company: The Rise in Chinese PCT Participation and What it Means for Japan


Two’s Company: The Rise in Chinese PCT Participation and What it Means for Japan

Kevin Eugene Thomas Cunningham Jr.

Japan leads the rest of Asia and much of the world when it comes to participation in the Patent Cooperation Treaty in both total applications as well as national phase entries. However, China is swiftly making strides in its own patent regime, and has overtaken Japanese participation in the PCT in many key industries. This paper explores possible reasons why the Chinese have been able to overtake the Japanese in particular fields through looking at both historical and modern understandings of intellectual property rights. Additionally, this paper will explore whether or not Japanese PCT hegemony in Asia is waning in favor of China through statistical analysis of Japanese and Chinese filing trends in various PCT fields. Finally, this paper will examine whether Japan needs to take any affirmative steps to protect its PCT superiority, and if so, it will suggest potential actions to further that goal.

99 J. Pat. & Trademark Off. Soc’y 670(2017)

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