問21
頻出度★★★
特許権に関して，次の記述中のa，bに入れる字句の適切な組合せはどれか。 特許権とは [ a ] を独占的・排他的に利用できる権利であり，我が国の法律では [ b ] に与えられる権利である。
平成28年度 秋期 ITパスポート試験 問21
ストラテジ系法務 › 知的財産権
This question's explanation and your answers so far.
解説
問 21
- ア
正解 A patent right is a right protected by the Patent Act, and its subject a is “a new invention that can be used industrially.” Japan’s patent system also adopts the first-to-file principle, so when there are several applications for the same invention, for b the right is granted to “the first applicant.” Therefore the combination a = a new invention that can be used industrially and b = the first applicant, namely “ア,” is correct.
Incorrectイ
a is correct, but “the first inventor” in b is wrong. Japan adopts the first-to-file principle rather than the first-to-invent principle, so the patent right is granted not by the order of invention but to “the one who filed the application first.”
Incorrectウ
“The first applicant” in b is correct, but a is wrong. “A creation that produces an aesthetic impression through the shape, pattern, color, etc.” describes a design, which is a subject protected by the Design Act, not a subject of a patent right.
Incorrectエ
Both a and b are wrong. a describes not a patent but a design (Design Act), and “the first inventor” in b also violates the first-to-file principle. Both the subject of the patent right and the party it is granted to are mistaken.
ここがポイント
- The subject protected by a patent right (Patent Act) is “a new invention that can be used industrially.” A creation that produces an aesthetic impression through shape, pattern, or color is a subject of a design right (Design Act); do not confuse the two.
- Japan’s patents adopt the first-to-file principle, and the right is granted to whoever filed first (the first applicant). Note that it is not the first-to-invent principle (the first inventor).
用語