Misappropriated Patent Applications in Japan

The following patent applications are considered misappropriated in Japan.
　- A developed an invention, and B filed a patent application without assignment.
　- A and B jointly developed an invention, and B filed a patent application without A’s consent.

The examiner may refuse the applications (Patent Act Art. 49(2)(7)). If the examiner inadvertently allows the patent, you can take the following actions.

1. Transfer Request
You can request to transfer the patent to you. (Art.74(1))

Requirements:
　- You must prove before the court that the invention was developed solely or jointly by you, and then
　- file the court decision to the JPO to request the transfer.
　　 (Osaka District Court, November 9, 2017)

You can request a complete patent transfer if you have solely developed the invention. If it was a joint invention, you can request a share transfer. (Enforcement Regulations of the Patent Act 40-2)

2. Invalidation Trial
You can request an invalidation trial. Once the patent is invalidated, you can no longer request the transfer.
For details on patent invalidation, see Flowchart of Patent Invalidation.

Requirements:
Only the true owner can request the invalidation trial (Art. 123(2)), which typically takes a year to decide.