Article 35 Japanese IP law - non-exclusive license claim

質問

What are the odds of a Japanese company using Article 35 in Japanese IP law to obtain a non-exclusive license from an employee’s patent if the patent is inside the scope of the company but not part of company work? Should employees be concerned about this?

回答: 1 公開 & 0 非公開

2e3afbf7ef
弁護士

"Employee invention" in the Article 35 of the Japanese patent Law must fall within the scope of the business of the employer, and must be achieved by an act(s) categorized as a present or past duty of the employee.
What you mean by "not part of company work" is not quite clear, but if it doesn't meet the requirement of "achieved by an act categorized as a present or past duty of the employee", the company won't obtain a free non-exclusive license. So, the answer is that the employees don't have to be concerned about this.

最近の質問

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6115 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

発明や知的財産について質問はありますか?
既存の質問を検索するか、専門家ディレクトリで専門家に直接お問い合わせ下さい。
(このページでは、新規の公開質問は受け付けておりません。)