問16
頻出度★★★
特許法における特許権の存続期間は出願日から何年か。ここで, 存続期間の延長登録をしないものとする。
平成30年度 春期 ITパスポート試験 問16
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 16
Incorrectア
10 years is the term of a utility model right (10 years from the filing date) or a trademark right (10 years from registration, but renewable), not the term of a patent right. A patent right lasts 20 years, so this is wrong.
- イ
正解 As provided by the Patent Act, the term of a patent right is “20 years from the date of the patent application.” Since the question assumes that no extension registration is made, no extension is taken into account and the term is simply 20 years. Therefore choice イ “20” is correct. Among industrial property rights, remember that a patent right expires 20 years counted from the filing date.
Incorrectウ
25 years is not the inherent term of a patent right. For pharmaceuticals and the like, when an extension registration is made there is room to extend it up to about 25 years at most, but since the question assumes “no extension registration,” it does not become 25 years, so this is wrong.
Incorrectエ
There is no industrial property right with a term of 30 years. A patent right expires 20 years from the filing date, so 30 years is wrong.
ここがポイント
- The term of a patent right is “20 years from the date of the patent application” (Article 67 of the Patent Act) — the key point is that the starting point is the filing date, not the registration date.
- Distinguishing the terms of industrial property rights: a patent right is 20 years and a utility model right is 10 years (both counted from the filing date), while a design right and a trademark right use different criteria. Do not confuse them.
用語