Patent rights depend on many interpretive elements, including even the patent subject matter and the question of who owns the right. Such elements lead to varying legal approaches in different countries and, since it is in the nature of inventions to be international, knowledge of patent law in a variety of national jurisdictions is an indispensable asset for patent lawyers and their clients. This book provides that essential knowledge as it relates to the patent laws of Japan together with English translations of main provisions of the Patent Law. It provides a systematic and concise analysis of theoretical issues and information of practical usefulness (such as examination guidelines of the Japanese Patent Office) as well as analysis of important case law.
With detailed attention to both substantive and procedural law, the author’s thorough exposition covers such features of Japanese patent law as the following:
- requirements for patentability;
- provisions for invention by employee;
- assignment of invention before application;
- application of foreign language documents;
- limitation on effect of patents;
- effects of bukken (right in rem) and saiken (person-to-person claim);
- procedure before the Patent Office;
- civil remedies for infringement of patents;
- case law interpreting negligence;
- measures for recovery of damage to reputation;
- establishment of security interests;
- administrative law suit procedure;
- appellate review; and
- procedure before Japanese Intellectual Property High Court.
The Essentials of Japanese Patent Law clearly explains the way in which patents may be registered and protected under Japanese law, and will be of inestimable value to counsel for inventors and enterprises everywhere. No patent lawyers or other intellectual property professionals will want to be without it.
