This is the 3rd part of our seminar, “Intellectual Property in Japan (Patent right)”.
“Purpose of Japan Patent Act” will be explained in an easy-to-understand manner with slides.
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What is the purpose of the patent act?
It seems that one goal is a protection of the invention or patentee’s right. Is there anything else?
The purpose of Japan Patent Act is, in a word, “development of industry”.
For the purpose, the act promotes the protection and utilization of inventions.
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Here, we will exhibit some examples about the protection and utilization of inventions.
How do an inventor and third party think of the term of a patent right respectively?
If the purpose of the patent act is only the protection of the inventor’s right, the term of a patent right should be 30 years, 50 years or more.
However, the term of a patent right expires after a period of 20 years from the filing date of the patent application.
This is because the purpose of this act is contributing to the “development of industry”, through promoting the utilization of inventions.
Why is the patent application open after a lapse of one year and six months from the filing date? (Article 64)
Why not a patent right shall be effective against the working of the patented invention for experimental or research purposes? (Article 69)
These are because the purpose of this act is contributing to the “development of industry”, through promoting the utilization of inventions.
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I’d like to wrap up with a summary of this part.
1. The purpose of Japan Patent Act is to contribute to the “development of industry”.
2. For the “development of industry”, Japan Patent act promotes the protection and utilization of inventions.
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By the way,
“Reverse engineering”, to analyze other companies products, is not illegal under the patent act.
However, if reverse engineering is prohibited by a purchase contract, etc.,
please note that the reverse engineering might be claimed for damages, etc. because of breach of contract.
That’s all for Part 3 (Purpose of Japan Patent Act).
IPdash Tokyo Intellectual Property Firm (Japan)
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