Guidelines for Payment of Compensation to employees of National University Corporation
Okayama University for Employee Inventions, Etc.
April 1, 2004
Decision of President(Purpose)
Article 1
These Guidelines stipulate matters necessary for the payment of compensation to Inventors, on
the basis of the provisions of Article 12 of the National University Corporation Okayama
University Regulations for Handling Employee Inventions, Etc. (Okayama University Regulation
No.17 of 2004; hereinafter, the “Regulations”).
(Definitions of Terms)
Article 2
The terms used in these Guidelines shall be as defined in Article 2 of the Regulations.
(Compensation for Application)
Article 3
1. When National University Corporation Okayama University (hereinafter, the “University”),
succeeds to the right to obtain a patent from an Inventor in association with his/her
Employee Invention and applies for a patent, the University shall pay the compensation for
application prescribed in Attached Table 1 to him/her.
2.

When the University succeeds to the right to obtain a patent associated with an Employee
Invention and applies for a patent in a country other than Japan, the University shall pay therelevant Inventor the same amount of compensation for application as the amount for apatent application under the preceding paragraph; provided, however, that even where suchapplications are made in multiple countries, all of these applications shall be treated as one(1) application.

(Compensation for Registration)
Article 4
1. When the University registers a patent right associated with an Employee Invention, theUniversity shall pay the compensation for registration prescribed in Attached Table 2 to therelevant Inventor.
2.

When the University registers a foreign patent right associated with an Employee Invention,
the University shall pay the relevant Inventor the same amount of compensation forregistration as the amount for a patent right under the preceding paragraph; provided,
however, that even where a patent right is registered in multiple countries, all of theseregistered rights shall be treated as one (1) right.

(Compensation for Exploitation)
Article 5

1.

When the University succeeds to the right to obtain a patent, or a patent right, associatedwith an Employee Invention, and gains income by exercising or disposing of such right, theUniversity shall pay the compensation for exploitation prescribed in Attached Table 3 to therelevant Inventor.

2.

The proceeds obtained by subtracting various costs necessary for the patent application andfor the maintenance, management, technical transfer, etc. of the patent right from the income
shall be allocated as the compensation for exploitation.

3.

The income under paragraph 1 shall be that earned from January 1 to December 31 eachyear.

4.

The payment period of the compensation for exploitation shall come to an end on the day on
which the patent right concerned extinguishes or on which the contractual period expires,
whichever is the earlier.

(Compensation to Joint Inventors)
Article 6
In the case where two (2) or more Inventors are entitled to receive compensation in accordancewith the provisions of Articles 3 to 5, compensation shall be paid to these Inventors in proportion
to their respective shares prior to the University’s succession.
(Handling of Jointly Owned Rights)
Article 7
In the case where the right to receive a patent or a patent right is to be jointly owned by theUniversity and a third party, the amount of the compensation for application and registration that
the University pays to the Inventor of the relevant Employee Invention shall be calculated bymultiplying the total of the applicable amounts of compensation prescribed in Attached Tables 1and 2 by the percentage of the University’s share.
(Compensation to the Successor to the Right to Claim Compensation or to an Inventor Who Has
Changed His/Her Job or Has Retired from Work)
Article 8
The provisions of Articles 3 to 6 shall apply mutatis mutandis where a claim for payment ofcompensation is made by the successor to the Inventor’s right to make such claim, or by theInventor himself/herself who has changed his/her job or has retired from work.
(Mutatis Mutandis Application to Devices)
Article 9
These Guidelines shall apply mutatis mutandis to devices.
(Mutatis Mutandis Application to Design Creation)
Article 10
These Guidelines shall apply mutatis mutandis to designs.

(Mutatis Mutandis Application to Circuit Layouts)
Article 11
These Guidelines shall apply mutatis mutandis to circuit layouts.
(Mutatis Mutandis Application to the Breeding of Varieties)
Article 12
These Guidelines shall apply mutatis mutandis to varieties.
(Mutatis Mutandis Application to Copyrighted Works)
Article 13
These Guidelines shall apply mutatis mutandis to computer program works, database works, andknow-how.
(Compensation for Registration in the Case of a Change in Application)
Article 14
Where an application for a patent is changed during the application process to an application forregistration of a utility model or design, or conversely where an application for registration of autility model or design is changed to an application for a patent, compensation for registration
shall be paid for the actually registered patent right, utility model right, or design right after thechange of application.
(Amendments and Abolition)
Article 15
These Guidelines shall be amended or abolished after deliberation by the Invention Review
Committee established in accordance with Article 15 of the Regulations.
(Other)
Article 16
Aside from the matters set out in these Guidelines, other matters necessary for theimplementation of these Guidelines shall be stipulated separately.

Supplementary Provisions
1. These Regulations shall come into force on April 1, 2004.
2.

Any compensation for registration and exploitation generated on or prior to March 31,
2004 shall be as provided for in the Guidelines for Payment of Compensation for
Employee Inventions, Etc. by Officials of the Ministry of Education, Culture, Sports,
Science and Technology (14 Monkashin No. 718, Decision of the Minister of Education,Culture, Sports, Science and Technology, dated January 29, 2003).

Attached Table 1 Compensation for Application

Invention
DeviceDesignVariety

1 application
1 application
1 application
1 application

3,000 yen
1,000 yen
1,000 yen
1,000 yen

Attached Table 2 Compensation for Registration
Patent right
1 right
9,000 yen
Utility model right
1 right
3,000 yen
Design right
1 right
3,000 yen
Breeding right
1 right
3,000 yen
Layout-design exploitation right
1 right
3,000 yen

Attached Table 3 Compensation for Exploitation
Proceeds
Amount to be allocated to the Inventor
Less than 2 million yen
Proceeds × 60%
From 2 million yen and less
(Proceeds - 2 million yen) × 50% + 1.2 million yen
than 5 million yen
From 5 million yen and less
(Proceeds - 5 million yen) × 40% + 2.7 million yen
than 10 million yen
From 10 million yen and(Proceeds - 10 million yen) × 30% + 4.7 million yen
less than 100 million yen
100 million yen or more
(Proceeds - 100 million yen) × 10% + 31.7 million yen* Proceeds refer to those prescribed in paragraph 2 of Article 5.