Under Japanese Patent Law, a patent licence can be registered in the Japan Patent Office (JPO) when both the licensor and licensee agree to the registration. Once registration of the licence is made, the registered licence is valid against a person to whom the licensor has subsequently assigned the patent and a bankruptcy trustee appointed for the licensor.
However, under the existing system, the licensed patents must be specified by the registration numbers of the patents so that the licence can be registered in each patent register. As of October 1 2008, a new system came into effect. Under the new system, when both the licensor and licensee agree to the registration, a patent licence that specifies the licensed patents by any measures other than the registration numbers (such as filing dates, registration dates, technical feature or products to be applied) is eligible to be registered.
The registration of the license under the new system is not to be made in each patent register, but to be made in the newly established special register. In the register, the identity of licensee, the scope of licensed patents, and the scope of exploitation need to be addressed, but financial terms do not. The effect of the registration is the same as that under the existing system.
Although any party can access the special register of patent licences, the identity of the licensee, the scope of licensed patents and the scope of exploitation shall not be disclosed. Only parties with a special interest, such as a party which acquired a patent from the licensor, may request the JPO to disclose the identity of the licensee. Such a party is further able to notify the licensee of its intention to request the JPO to disclose the scope of licensed patents and the scope of exploitation, and after 30 days of the notice such party may ask the JPO to disclose the information, which it will do.
 |
| Yasufumi Shiroyama |
