| Project/Area Number |
12420010
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
TAMAI Katsuya The University of Tokyo, Intellectual Property Dept., Research Center for Advanced Science and Technology, Professor, 先端科学技術研究センター, 教授 (20163660)
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| Co-Investigator(Kenkyū-buntansha) |
KNELLER Robert The University of Tokyo, Intellectual Property Dept., Research Center for Advanced Science and Technology, Professor, 先端科学技術研究センター, 教授 (20302797)
ONO Nahoko The University of Tokyo, Intellectual Property Dept., Research Center for Advanced Science and Technology, Associate Researcher, 先端科学技術研究センター, 助手 (20345169)
ANNEN Junji Seikei University, Faculty of Law, Professor, 法学部, 教授 (00125981)
SUMIKURA Koichi National Graduate Institute for Policy Studies, Public policy program, Professor, 政策研究科, 教授 (80302793)
大渕 哲也 東京大学, 先端科学技術研究センター, 教授 (30322035)
斎藤 誠 東京大学, 大学院・総合文化研究科, 助教授 (00186959)
相田 義明 特許庁審判部, 審判官(研究職)
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| Project Period (FY) |
2000 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥14,800,000 (Direct Cost: ¥14,800,000)
Fiscal Year 2003: ¥3,000,000 (Direct Cost: ¥3,000,000)
Fiscal Year 2002: ¥3,800,000 (Direct Cost: ¥3,800,000)
Fiscal Year 2001: ¥3,400,000 (Direct Cost: ¥3,400,000)
Fiscal Year 2000: ¥4,600,000 (Direct Cost: ¥4,600,000)
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| Keywords | U.S. Patent Law / Business Method (Model) Patent / Enhanced Damages / Intellectual Property Right / Assessment of Damage / IT and Software Related Patent / European Patent Convention / TRIPS / 特許 / ビジネスモデル / ソフトウェア / インターネット / 登録要件 / 権利行使 |
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| Research Abstract |
When we launched our research, business "model" patent (or, in more adequate expression, business method patent) drove such unprecedented media frenzy that the former Prime Minister Hashimoto reiterated its importance at his lectures held across the nation. However, people's interest waned off as they understood that business "model" patent were not granted to the existing businesses and did not make significant impact on the business market, which diminished experts' active discussions on the relevant issues.
However, we cannot ignore the issues that business model patent has posed even though they do not have the immediate impact on society. Such issues represent the fundamental issues of Japanese patent system, for instance, whether we should maintain the tradition that only "technology" should be protected under the patent system ; how we should regard a business method patent system based on such tradition ; and how we should determine the requirements for its patent application and the range of the rights to be granted, etc. We focused on the above fundamental elements instead of frivolously discussing about the social impacts on which business model patent has made, which led to the fruit of our research "Business model patent and examination on non-technical items" (Please see the attached publication list). Concerning enforcement of patent rights, we examined the rules for calculation of damages referring to the US relevant cases to prepare "Legal Theory on Enhanced Damages in US Patent Law". Further, "Academic Research in the 21^<st> Century and Intellectual Property Right" and "Scientific Research and Patent Rights" discuss about the essential issues including purposes of Japanese patent system and the objects to be protected based on it. We also put our focus on the raison d'etre of the patent system in addition to the continual research on the above essential issues to result in "Historical Development from Privileges to Administrative Action"
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