2006 Fiscal Year Final Research Report Summary
Theoretical and empirical study about medical patent from the perspective of biotechnology patent
| Project/Area Number |
16402006
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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 | 海外学術 |
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| Research Field |
New fields of law
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| Research Institution | University of Tsukuba (2005-2006)
Kagawa University (2004) |
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Principal Investigator |
SHIOMI Hisao University of Tsukuba, Graduate school of Business science, Associate Professor, 大学院ビジネス科学研究科, 助教授 (80304567)
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| Project Period (FY) |
2004 – 2006
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| Keywords | patent / medical / biotechnology / copyright / intellectual property law / disclosure requirement / US law / European law |
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| Research Abstract |
1. Patent law protects technical information as property. From this view, far-reaching problems about medical patent were studied from the following consistent perspective : To what extent should patent specification be disclosed to obtain patent ? How far can the patent have scope of protection and deter competition ? In cooperation with excellent foreign scholars, I set up the following two frameworks in intellectual property law.
2. First, across various technical fields and industries (biotechnology, chemistry, software, medical care), important problems in patent law (disclosure requirement, claim construction, multiple infringes, etc.) were analyzed. It is because medical invention and biotechnology invention are closely related with information technology (software, database etc.). My study revealed patent law policy, which is adjusted to the real situation in each industry. Several theories and doctrines to attain the policy were proposed on the basis of comparative law and empirically based research.
3. Second, technologies in medical field include software and database. Therefore, copyright protection is also significant measures. Important aspects of Interrelation between patent law and copyright law (employee's invention and employee's copyright works, indirect patent infringement and indirect copyright infringement, copyright contract law) were reviewed, which were based on detailed comparisons in subject matter and legal structure between patent law and copyright law. From this fundamental research, property information schemes regarding invention and copyright works were designed.
4. These two schemes were applied to medical patent in relation to biotechnology patent. Significant problems such as medical use patent, the relation between disclosure requirement and non-obviousness requirement, the function of disclosure requirement in patent law were examined in different industries.
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Research Products
(23 results)
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[Journal Article] Copyright Contract Law2005
Author(s)
Hisao Shiomi
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Journal Title
Japanese Copyright Law, Writings in Honor of Gerhard Schricker, Kluwer Law International (C.Heath et al.(eds.))
Pages: 77-91
Description
「研究成果報告書概要(欧文)」より
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