In 1994, Japan convinced the Department of Commerce to implement features in the patent law that Tokyo desperately wanted. Foreign influence on our patent policy derives in part from influence on the views of large patent law firms. Consider that nearly half of U.S. patents are filed by foreign companies that pay up front and pay well. Eight out of the top 10 recipients of U.S. patents last year were Japanese companies. The other two, IBM and Motorola, also back the proposed changes in the bill, sometimes referred to as the Patent Lawyers Full Employment Act.
Proponents argue that the U.S. is out of step with the world.
They don't mention that America has 36 times the number of Nobel Laureates in the sciences as Japan. Technical innovation goes nowhere except under terms dictated by the larger companies. By the way, the Clinton administration supports a measure sought by Japan that would publish all patent applications in 18 months, whether or not they've been granted. Current U.S. patent applications are not published until after a patent is granted. A 1995 study by the General Accounting Office shows that the average waiting period for a U.S. patent, particularly if it is from a parent patent application, takes considerably longer.