Formation of Invention/Joint Invention and Recognition of Inventor/Joint InventorExpressO (2009)
AbstractAbstract: Formation of Invention/Joint Invention and Recognition of Inventor/Joint Inventor Kotaro Kageyama There have not been clear criteria etc. to determine the formation of an invention and to recognize an inventor, especially those of a joint invention and joint inventors, not only in Japan but also the US and other countries. In this paper, the stages of the formation of an invention are divided into conception and its embodiment. The essence of the former is considered as "conception based on a principle," while the essence of the latter is as "establishment of a model." It is also suggested that an inventor should be recognized by the following criterion: the person who was involved in the distinctive elements of an invention, and contributed to either the establishment of a model or the conception based on a principle. In a joint invention, it is explained that the same "objective" requirements, among the persons involved, as those of the invention made by a sole inventor mentioned above are necessary, in addition to that, "subjective" engagement among the above persons (e.g. consultation, advice, direction, instructions, etc.) is required. Furthermore, it is shown that joint inventions are classified as "directly-involved joint invention" in which the persons jointly made the objective aspects directly or "indirectly-involved joint invention" in which persons involved contributed indirectly, through subjective engagement with the inventors. Through this classification, the above objective/subjective aspects are analyzed, and new criteria for recognizing a joint inventor are introduced. In the case of a chemical invention (a typical material invention), in general it is difficult to recognize inventors. In such a case, "reproducible phenomenon" instead of "principle" is used as one of requirements for the recognition of an inventor. In this paper, more specific criteria for the recognition are introduced. Furthermore, as one viewpoint for rearranging cases to aid in the recognition of inventors, the classification of physical-object invention and material inventions is suggested. Using the above my criteria in several court cases in Japan, joint inventors are recognized, in those cases, these recognitions are compared with the court decisions. The above criteria are of great practical use in the recognition of inventors/joint inventors. Finally, it is appropriate for technology to be evaluated comprehensively, including not only invention itself but also the earlier stages preceding the invention and the following stages, application and commercialization of the invention, and recognition of the inventors is the starting point for that.
- joint invention
Publication DateJune 5, 2009
Citation InformationKotaro Kageyama. "Formation of Invention/Joint Invention and Recognition of Inventor/Joint Inventor" ExpressO (2009)
Available at: http://works.bepress.com/kotaro_kageyama/2/