Main Article Content
Abstract
A fundamental purpose of patent law is to encourage the development of new inventions by granting to the inventor exclusivity in the market place for a limited period of time. Patent law in the area of pharmaceuticals is complicated by the responsibility of governments not only to encourage research and development of new drugs, but also to assure that new drugs are widely available and affordable, as well as safe and effective. Government influenced by market and political philosophies, design patent laws and drug.Regulatory schemes to meet this requirement. The United States has well developed pharmaceutical industries and thus has strong patent protection for pharmaceuticals. In past few years ago in Japan, particularly from 1999, the practice before the Japanese courts in patent infringement litigation has gone through various suitable changes. Be In this paper, discussions on patent infringement litigation from the standpoint of the defense and primarily for the initial phase of arguments and process of various aspects of infringement and litigation in innovated molecule of moiety of drug by the patentee.
In Japan protect the innovated patent from the infringement, and study both cases from two applicants.