Journal Article

Formation of invention/joint invention and recognition of inventor/joint inventor

Kotaro Kageyama

in Journal of Intellectual Property Law & Practice

Volume 5, issue 10, pages 699-712
Published in print October 2010 | ISSN: 1747-1532
Published online October 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq097
Formation of invention/joint invention and recognition of inventor/joint inventor

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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.

Journal Article.  8752 words.  Illustrated.

Subjects: Arbitration ; Intellectual Property Law

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