5.5.3 Harmful Intellectual Property Rights

　Let us now consider some general matters concerning intellectual property rights.

　In patent law, there are the first-to-file principle and the first-inventor-to-file principle, which are based on the concept of who has priority in the event that two applications with the same content are filed. The first-to-file principle gives priority to the applicant who filed the application first, and is adopted in most countries, including Japan. On the other hand, the first-to-invent principle gives priority to the inventor of a patent. The U.S. is the only developed country that has adopted the first-to-invent principle, which is problematic (in the U.S., designs are also protected by patents). Under the first-to-invent principle, it is necessary to determine who invented the invention first, and the procedure for doing so is conflict examination.

　The patent examination standards are the criteria by which the JPO determines whether an invention is patentable or not. In 1993, they were substantially revised in response to technological innovations and for the purpose of international harmonization. The new law will (1) clarify the examination criteria by consolidating them, (2) strengthen the rights of inventors by expanding the scope of claims, and (3) clarify the conditions for obtaining patents for computer programs and biotechnology.

Next, let us look at the content of industrial property rights.

(1) Patent right: The right to work (use, as well as produce, assign, lease, import, etc.) a patented invention exclusively (exclusively) and on a commercial (repeated and continuous) basis. The scope of the invention to be protected is specified by the "scope of claims" in the specification attached to the application.

(2) Utility model right: An exclusive right to practice an invention in the course of business.

(3) Design right: The exclusive right to work a registered design in the course of business (manufacture, use, transfer, import, etc. of articles bearing the design).

(4) Trademark right: The right to exclusively use a registered trademark on the designated goods. Use includes the affixing of a trademark to a product or its packaging, the assignment, delivery, importation, etc., of a product bearing the trademark, and its use in advertising.

　I mentioned earlier that I relinquished the intellectual property rights to Setsuden-mushi this year, 2000. I also mentioned that although legally anyone can manufacture and sell Setsuden-mushi, it is doubtful that a manufacturing and sales business that completely disregards the developer's ethics can grow in a healthy way. Let me be a little more specific about this idea.

(1) My view on intellectual property rights

The technologies for broad global environmental protection, energy conservation, food production and supply, etc. should be disclosed to all people, all companies and organizations, and all nations.

Intellectual property rights in such technologies are important, but should not be protected for long periods of time or at high cost. The maximum term of protection should be five years, and the maximum patent fee should be three years of the inventor's living expenses.

Excessive monopoly or cover-up of intellectual property rights and patents is detrimental to society as a whole and to the smooth development of technology.

(2) My philosophy on work

　My philosophy in life is to enjoy life and contribute to society by actively doing a lot of work. To actively experience more work requires a lot of time and energy for preparation, and I have to study more and more. The more I study, the more I make the most of my experience, and the more I do new work, the more meaningful and enjoyable it will be for both me and society. In line with this idea, I would like to be a small but strong bridge between Japan and other countries. Especially in the areas of energy conservation and environmental protection.

　These ideas are also available on my website in English.

　As I mentioned in 4.2.1, human beings are animals that forget things that should not be forgotten, and we are also more possessive than necessary. The object of monopoly is not limited to objects. Intellectual property rights, for example, are not merely a strategic business defense measure, but a monopoly for monopoly's sake, by claiming an unusually broad scope for as long as possible, or by using unintelligible words and phrases that are intentionally difficult to understand. Submarine patents granted in the U.S. have the odor of mere money-making and malicious intent.

　For this reason, most intellectual property rights do not generate any profit for the applicant or the company applying for them, and in many cases, the applicant is forced to incur expenses to maintain the rights. In a sense, this is a self-inflicted consequence of an excessive desire for rights and monopoly, but it often prevents technology and services from benefiting society at large, and hinders the smooth and widespread advancement of technology. We would do well to reflect on this trait that only humans possess.

Serially posted in English on Tuesdays with the final one next time

火曜日に英語で連載中、次回が最終回

Please refer to the following site for the pictures and/or references.

https://www.facebook.com/ElectricitySavingNo.1

 services from benefiting society at large, and hinders the smooth and widespread advancement of technology. We would do well to reflect on this trait that only humans possess. that only humans possess.