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Even Japan's legal system is tilted against the inventor. Although Japanese patent law requires firms to compensate employees for ideas that pay off, it doesn't specify how much. "There's nothing to stop a company from giving a researcher only a few hundred dollars for a major invention," says Yoshikazu Takaishi, a computer and telecommunications attorney in Tokyo. Furthermore, while U.S. law operates under the "first-invention rule"--awarding the patent to whoever comes up with the idea, regardless of when that person files an application--Japan uses the "first-application rule." So if an inventor's firm delays submitting an application, the researcher could be trumped by a competing company with more efficient paperwork.
But things may be changing. During Japan's decade-long recession, many young corporate scientists have become entrepreneurs out of necessity. The slump has also prompted some big businesses to look at their incentive systems. Electronic-components manufacturer Omron made headlines last year when it promised a $1 million bonus to any researcher whose idea contributes significantly to company sales. Toshiba lets its engineers use up to 10% of their time to focus on new concepts. Fujitsu supports a program, dubbed "My Way," that allows researchers three years to investigate a topic of their choosing. The firm concedes that very few of its 1,500 researchers take advantage of the deal.
Nakamura insists much more is needed than a few incentive programs. "We need to give our minds space to breathe," he says. He is pinning his hopes on his 15-year-old daughter, who started attending a school in the U.S. this spring. "The light in her hasn't been extinguished yet," he says. "She has been given the chance to experiment with her future."