米国特許制度における先発明主義の問題点
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概要
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論説(Article)In administering the patent system it is necessary to clearly define who has the right to obtain a patent for an invention. This is because more than two parties often come up with a similar invention around the same time. One system to settle this issue is the first-to-file priority rule under which whoever is the first party to submit the patent application is given the right, and the other is the first-to-invent, by which the true first inventor obtains the patent. While all the countries except the United States now adopt the first-to-file priority rule, and the United States has refused to change its traditional first-to-invent rule. This paper investigates consequences of the first-to-invent rule, and confirms that the U.S. system had discriminated against foreign nationals.
- 同志社大学の論文