Intellectual Property Notification and Establishment of Rights
The information below explains the process for intellectual property notificationand the establishment of rights.
Processfor obtaining patents
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.
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.
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.
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.
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
Unfortunately,there are cases when patent rights are not granted.
University-based procedures from notification of invention to rights acquisition
- Note1: Judgments are made from the standpoint of whether the invention is relatedto the professional research, or whether the invention used facilities, etc.within the university.
- Note2: Judgments are made from the standpoint of invention novelty, inventiveness,and feasibility.
- Note3: Judgments are made from the standpoint of inventiveness, life span of thetechnology, marketability, scope of business, and other factors.
- Note4: In addition to considerations given as stated in Note 3, judgments are madefrom the standpoint of markets and production overseas.
- Note5: In the event that this university decides not to request a patentexamination or submit an overseas application, it will give the inventor(s) orthe business the right to do so (for compensation or without compensation).Some of the profits, if any, will be given to the inventor(s).
- Note6: In cases when there is a special reason to transfer the right to receivepatent rights to a business, such transfer of rights will be compensated. Someof the profits will be given to the inventor(s).