2012 Fiscal Year Final Research Report
Restructuring patent prosecution process as a tool of implementing competition policy-from a fundamental point of view
| Project/Area Number |
23653030
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| Research Category |
Grant-in-Aid for Challenging Exploratory Research
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| Allocation Type | Multi-year Fund |
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| Research Field |
New fields of law
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| Research Institution | University of Tsukuba |
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Principal Investigator |
HIRASHIMA Ryuta 筑波大学, ビジネスサイエンス系, 教授 (70302792)
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| Project Period (FY) |
2011 – 2012
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| Keywords | 特許権 / 特許出願プロセス / 競争政策 / イノヴェーション / 市場への影響 / 行政行為 / 差止請求権 / 権利の排他性 |
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| Research Abstract |
The main purpose of this research project is to get some insight about if we could reconstruct patent prosecution process (which consists of patent application, examination, objection and board trial), almost conducted by Patent & Trademark Office (PTO),as a useful tool of implementing best competition policy. The summary of conclusion is below; 1) the answer to “Is it theoretically possible for PTO to estimate the effect of patent-applied invention from the point of competition policy? ” would be positive, that means, mostly, “Yes”. Though, to estimate competitive effect in the market of applied inventions in patent prosecution process, we should make new enactment about that and could not suffer from huge administrative cost to implement the system in PTO.2) the answer to ”Could the ”exclusivity” of patent right be theoretically adjusted by limiting the scope of activities protecting patented invention under the “patent right”(such as “make “,”use”, ”sell”, etc)?” is not definitive yet.To vary the scope of exclusion by the patent right from respective inventions would be an epoch-making idea as some scholarship in U.S. suggest, though, this research has made clear that much problems to be solved would be accompanied at the same time. 3) the answer to question 3)”If we could introduce above two hypothetical “ideas” into patent prosecution process, how effects could we expect?” is; today, technological innovation going on so fast, it seems very difficult for the PTO to currently estimate precisely the effect of patent-applied invention from the point of competition policy, so, there need tobe much study to implement the idea of estimating the market effect from the point of competition policy, particularly, much study about balancing between cost and benefit to institute the above idea.
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Research Products
(2 results)
