2022 (Wa) 70139 and 2023 (Wa) 70009, “Claim for a Declaration of the Right to Obtain a Patent” <Nakashima>
Updated: 12 hours ago
Article information
Article type: Case note
Category: Patents
Topics: Employee inventions
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-06-10 (Japan time). Full English translation.
2022 (Wa) 70139 and 2023 (Wa) 70009, “Claim for a Declaration of the Right to Obtain a Patent” <Nakashima>
An action seeking a declaration that the plaintiff held the right to obtain a patent for an invention in an international patent application deemed withdrawn because national-phase procedures were not completed in designated states was dismissed for lack of an interest in declaratory relief.
“Rights recognized under Japanese law based on employee-invention status in Japan” and “rights based on ownership of an employee invention in Germany” should be treated separately under territoriality. Thus, even if a Japanese court finds the invention to be an employee invention and the rights to belong to the plaintiff, that determination is not automatically recognized in German proceedings; the matter must be determined anew under German employee-invention provisions.
(Excerpts from the court's reasoning)
“Under the principle of territoriality, the right to obtain a patent under Japan's employee-invention provisions and the right to obtain a patent under Germany's employee-invention provisions are different. Thus, even if the former is recognized in Japan, the latter is not necessarily recognized in Germany. …
Because the plaintiff can bring an action in a German court seeking a declaration of the right to obtain a patent under German employee-invention provisions, directly seeking a declaration of ownership of that right under German law in a German court, rather than seeking a declaration under Japanese law in a Japanese court, is a more effective and appropriate means of resolving the dispute.”
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The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
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