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About the treatment of inventions
made by Kanazawa University’s employees

1. Preface
As rules concerned, Kanazawa University (“the University”) has the following 3 rules;
1)

Inventions by the University’s staffs (“the Inventions”) treatment rule [ “the Employees Rule” ]The Employees Rule determines the treatment of the Inventions.

2)

Inventions by students treatment rule [ “the Students Rule” ]The Students Rule determines the treatment of inventions made by the University’sstudents (“the Students”).

3)

Payment rule of rewards for the Inventions [ “the Payment Rule” ]The Payment Rule determines the rewards for the Inventions assigned to the University
by the Employees.

In order to have you understood the contents of the above Rules deeply, the materials commentson the Inventions system in Japan Patent ACT and the abstracts of the above Rules.

2. What is the Inventions?
The Inventions are made through the Employees’ duty.

the University territory
Inventions other thanthe Inventions

The Inventions( made throughthe Employees’ duty )( made through other than the Employees’ duty
but the University territory )3. Whose right is the Inventions?
Since making inventions is de facto action, only human can become inventors. Thus,universities which are regarded as corporations cannot become inventors.
Accordingly, the Inventions are originally belonging to the Employees who made inventions.
When inventions are made, the regal right to obtain a patent occurs to its inventors.
Such right is regally transferable.

Originally belonging tothe Employees!

The Employees

TheInventions

Originally not belonging tothe University!

the University

4. The relation with the Employees and the University regarding
the Inventions?
The Inventions is completed by both of the Employees’ contribution and the University’s contribution.
As a result, many kinds of regal rights occur to not only the Employees but also to the University andthen the balance of the both is being kept.

The Employees’
contribution
・Putting creativity out
・Effort toward completing inventions＋The University’scontribution
・Payment of salaries for the Employees
・Supporting Research environment

Completing the Inventions!

Keeping balance between the both
Regal rights given to
the Employees

Regal rights given tothe University

・Originally obtaining the Inventions
・Receiving reasonable value from theUniversity where the Employees assigns
the Inventions to the University・Using the Inventions freely
・Can be defined in advance that the Employees
must assign the Inventions to the University(So-called, “the Book assignment”)

5. Procedure flow chart in case the Employees makes inventions?
To optimize the value of the Inventions, the Employees Rule defines the treatment of theInventions. Its flow chart is as follows;
1)

Where the University decides that an invention notified by the Employees doesn’t fall in theInventions or is not worth being filed as an application, such invention shall be back to its
inventors (the Employees) without the University’s having any rights.

2)

Where the University decides to file an application on the invention notified by the Employees,
the Employees must assign such invention to the University based on the Book assignment.

3)

Where the Inventions is filed as a patent application and the right on such application is used
or is assigned to others, the Employees can get the reward for application and the reward foruse / assignment as reasonable value.

Occurrenceof inventions

Notificationof inventions

Certification whether
such inventions is or
not the Inventions

Assignment of theInventions from theEmployees[ the Book assignment ]filling anapplication

Decisionof filling

Registration
as a patent

Use ofthe patent[ reasonable value ]6. The contents of Reward?
Where the Employees assigns the University to the Inventions, the Employees has a right to obtaina reasonable value from the University.
・The value is decided based on a reasonable agreement between the Employees and the University
and the detailed contents thereof is defined in the Payment Rule.
1) In case the Inventions is filled as an application;
10,000yen is paid to the inventor as the reward for application.
2)In case the application or the patent regarding the Inventions is used;
25% of income is paid to the inventors as the reward for use / assignment.

Income based on use / assignment
University’s share

Inventors’share

75%

25%

７．In case where the Students make inventions?
Since the Students is not employees of the University, the Employees Rule is not applicablefor the Students. But, the Students Rule is applicable for inventions of the Students. Its flow
chart is as follows;

The students must inform the fact that the Students
makes inventions through education course.

The Students can assign its inventions to theUniversity with its own intension.

In casethe Students assigns its inventions to the University
The treatment of assigned inventions ;Complying with the Employees Rule
Rewards ; Complying with the Payment RuleThat’s all.