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Intellectual Property Notification and Establishment of Rights

The information below explains the process for intellectual property notificationand the establishment of rights.


Processfor obtaining patents

Research/Invention

Creation of InventionDisclosure Form

It is important to create an invention disclosure form, confirming as soon as theresearch results are confirmed. This makes patent applications faster andpatent acquisition possible.

Patent Application

Submita patent application before publishing a related thesis.

If a thesis is published before the patent application is submitted, except for inrare cases, it will be impossible to receive patents from major countries,including Japan.In the United States,a complex procedure is required for patent acquisition. Therefore, it is ageneral rule to submit patent applications before publishing a thesis whichdetails research results. In all countries, excluding the United States,patents are granted to individuals who submit applications early. The moreimportant the invention, the faster an application should be submitted.


Overseas Application

In order to submit an overseas application, the date which the application wassubmitted in Japan willbecome the recognized submission date overseas if the overseas applicationoccurs within one year after the application was submitted in Japan. This is referred to as a priority claim application.

Publication of Unexamined Application

The unexamined application is published 18 months after the application wassubmitted in Japan. This allows others to refer to the information which can lead to an inventionwith a higher level of technological innovation.

Patent Examination

Arequest for examination must be submitted within three years after the patentapplication was submitted.

Pointsof the examination will be as follows:

Whether the invention was public knowledge before the application was submitted.

Whether the invention could be easily created using publicly known technology.

Whether the description of the invention was sufficiently detailed to render itworkable.


Patent

Transformation of research results into assets and giving back to society

Powerfulexclusive rights, known as patent rights, are given (however, these rightsexpire 20 years after the application date). The rights can be broadlyutilized.

  • Assetsfor business
  • Assetsfor corporate licensing and the promotion of collaborative research
  • Securingof research funding

Abandonment

Unfortunately,there are cases when patent rights are not granted.

University-based procedures from notification of invention to rights acquisition