Effects of Patent Rights
After payment of the annual fees for the first three years, a patent right comes into force by registration (Article 66). The commissioner issues the certificate of patent to the patentee (Article 28). The term of patent is 20 years from the filing date. It may be extended for medicines (Article 67).
A patentee have an exclusive right to commercially work the patented invention (Article 68), where "work" an invention means (Article 2, paragraph 3)
- make, use, assign, lease, import, or offer for assignment or lease a patented product,
- use a patented process, or
- use, assign, lease, import, or offer for assignment or lease the product made by a patented process.
The statements of patent claims determine the technical scope of the patented invention (Article 70). However, the doctrine of equivalents may be employed.
A patentee may grant an exclusive license (Article 77) or a non-exclusive license (Article 78).
Read more about this topic: Japanese Patent Law
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