The Patent and Non-Patent Incentives for Research and Development on New Uses of Known Pharmaceuticals in Japan,

Toshiko Takenaka, University of Washington School of Law


Japan is one of most innovative drug manufacturer-friendly countries because it revised its patent and drug regulation systems for providing patent and non-patent incentives for new use and treatment R&D based on its pro-patent and pro-medical science policies. This article provides an overview of the pharmaceutical industry and examines patent and non-patent incentives for drug R&D in focusing on incentives for developing new uses of and treatments for known drugs from a comparative law perspective. After discussing the difficulties in establishing infringement and in obtaining injunctions against generic drug manufacturers who infringe new use product patents, the article reviews measure Japanese scholars have proposed to help secure incentives for new use and treatment R&D and proposes an alternative solution.