Why do the joint applications by university and industry keep increasing in Japan? A study on the issue of the Article 73 of the Patent Act in the university-industry collaboration

摘要

In Japan, as it has been general practice for universities and companies to obtain patents jointly for inventions created through their joint research activities, approximately half of all Japanese patent applications from universities in 2008 were filed jointly with companies. This report first reviews the theories underlying Article 73 of the Patent Act, which provides for the rules on joint ownership of patents in Japan, and inquires into why the number of joint patents has been increasing in Japan. Then, in comparison with the situation in Japan, the report looks at how the issues concerning joint ownership of patents are handled in other jurisdictions, and identifies the issues that are involved in the process where a university and a company file a joint application.