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Remedial Measures for Misappropriated Applications

Under the revised law, when a patent right is granted on a misappropriated application (such as an application which is filed by a person who is not the true inventor or only a part of co-inventors), a true inventor or a rightful assignee of the invention (a person who has the right to obtain a patent) can request a person who has filed the misappropriated application to transfer the patent right (Section 74 of the Japanese Patent Law). 

Once the patent right has been transferred to the true right owner, the patent right is deemed to have been belonged to the true owner from the beginning.

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2012/06/21 | Comments Closed |

Category:Japanese Patent Law Patent in Japan

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