遺伝子工学の知的財産法における日米比較(第8回日本生命倫理学会年次大会セッション「遺伝子・生殖」)

概要

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The ability to secure property interests in technological processes, products and know-how encourages development of technology. One factor to evaluate competitiveness in biotechnology is intellectual property law. The intellectual property law most relevant to biotechnology are those dealing with patents. The patents relating to the protection of biotechnological inventions and related know-how were compared and contrasted in Japan and the United States. The major differences are as follows. 1) Japanese patent excludes method inventions in the field of therapeutic or diagnostic treatment of humans, although patent protection can be obtained for them in the US. 2) The patented process may be used in other countries to make the same products, which can then be imported into the U.S. and compete with the product made by the owner of the U.S. process patent. Although Japan defines this action as infringement of that process patent, the U.S. does not. 3) A grace period between the date of any publication by the inventor relating to the invention and the filing of a patent application, is for 1 year in the U.S. and for 6 months in Japan.
日本生命倫理学会の論文
1997-09-08