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Japanese Nobel Laureate Blasts His Country's Treatment of Inventors

schwit1 writes: Shuji Nakamura won the 2014 Nobel Prize in Physics (along with two other scientists) for his work inventing blue LEDs. But long ago he abandoned Japan for the U.S. because his country's culture and patent law did not favor him as an inventor. Nakamura has now blasted Japan for considering further legislation that would do more harm to inventors.

"In the early 2000s, Nakamura had a falling out with his employer and, it seemed, all of Japan. Relying on a clause in Japan's patent law, article 35, that assigns patents to individual inventors, he took the unprecedented step of suing his former employer for a share of the profits his invention was generating. He eventually agreed to a court-mediated $8 million settlement, moved to the University of California, Santa Barbara (UCSB) and became an American citizen. During this period he bitterly complained about Japan's treatment of inventors, the country's educational system and its legal procedures. 'The problem is now the Japanese government wants to eliminate patent law article 35 and give all patent rights to the company. If the Japanese government changes the patent law it means basically there would no compensation [for inventors].'"

There is a similar problem with copyright law in the U.S., where changes to the law in the 1970s and 1990s have made it almost impossible for copyrights to ever expire. The changes favor the corporations rather than the individuals who might actually create the work.

6 of 191 comments (clear)

  1. Say what ? by Crashmarik · · Score: 4, Insightful

    There is a similar problem with copyright law in the U.S., where changes to the law in the 1970s and 1990s have made it almost impossible for copyrights to ever expire. The changes favor the corporations rather than the individuals who might actually create the work.

    Wow it's amazing how if you hate something enough you can see everything as justifying your hatred.

    Having copyright extend ever longer is both stupid and counterproductive, but it's no way comparable to changes that take away a creators right to profit from their creations. Arguably it makes the creations more valuable and makes it easier to invest in creating material for either a corporation or an individual. Contrast that with a law from the article that "If the Japanese government changes the patent law it means basically there would no compensation [for inventors]." Apples to Orangutans here.

    With so many very good arguments about why copyright needs to be reformed there's no need to make bad ones.

  2. If you want personal patent... by Anonymous Coward · · Score: 5, Insightful

    Spend your personal time and resources at inveting.

    If you spend your worktime and resources from your job for your invention I don't see why you personally should get a patent. If my boss pays me to clean toilets and I invent something then there might be a point, but if my boss pays me (and gives me staff to freely use) to invent stuff I don't see the merit.

  3. Hang on WTF? by Harlequin80 · · Score: 5, Insightful

    He created the work while employed by someone. That someone provided him with all the equipment and capabilities to do the research why the hell should he be awarded the patent?

    If you are part of a team who gets the patent? It seems to me only logical that the entity that commissioned the work, invested the resources and made it happen ie the company should own the patent.

    As for the education system. Correct me if I am wrong but this guy who is now holder of a nobel prize is the product of that education system.... There seems to be a serious axe to grind there with a feeling that he didn't get his due and I think he is drawing a very long bow.

    1. Re:Hang on WTF? by Feral+Nerd · · Score: 4, Insightful

      He created the work while employed by someone. That someone provided him with all the equipment and capabilities to do the research why the hell should he be awarded the patent?

      If you are part of a team who gets the patent? It seems to me only logical that the entity that commissioned the work, invested the resources and made it happen ie the company should own the patent.

      As for the education system. Correct me if I am wrong but this guy who is now holder of a nobel prize is the product of that education system.... There seems to be a serious axe to grind there with a feeling that he didn't get his due and I think he is drawing a very long bow.

      I dunno... because he was the source of innovation? If you have a valuable employee whose abilities are responsible is generating a substantial portion of your company's revenues you might want to keep him happy and employed with you. Treating him/her like shit, paying him/her worse than shit while you go off buying yachts, villas, luxury cars and renting top range hookers with all the money you earned through your hard work will probably result in that employee leaving your company and going somewhere else to another company who offers superior compensation and a share in the profits. Now there are two ways to pervent this, you can:

      (1) Not treat your valued employee like shit and outbid your competitors to keep the employee from leaving (that's the theoreticalcapitalist way) or
      (2) you could do what many companies in the western world to, you could lobby for legislation that restricts worker's rights, seek to get government to ban empoyees from organizing, and try to force your employees to sign contracts with 'anti competition clauses' in them that are usually found to be unconstutional though fortunately (from the managers point of view) this normally only happens after a prolonged legal battle that employees as a rule can't afford.

      If you are part of a team that is awarded a patent pretty much the same applies. Employees should award teams that generate alot of revenue for the company with a share in the profits. Otherwise the employees should be free to leave.

    2. Re:Hang on WTF? by trenien · · Score: 4, Insightful
      The situation is somewhat incompletely described.

      What actually happened was that the guy invented said blue led (on a standard engineer salary), which pretty quickly allowed his company to rake in tens of millions. When he politely complained that the invention which made them huge profits had earned him exactly nothing, his boss basicaly said:

      "Oh, that's right. Here is a $300 bonus. Have fun at the bar!"

      The problem he is complaining about when he talks about education is probably linked to the pyramidal hierarchy that's ingrained in Japanese people from kindergarten : whatever you do, the group leader is at the forefront. In research, that basically means a department director is the first credited for any discovery, except if he is generous enough to allow whoever did the actual work be awarded the authorship. Considering this also works in case of problems (the one in charge is the one taking the blame), you could say it is a game of give and take.

      However in this case the profit only accrued to the boss/owners (I don't know whether the company was privately owned or not), with pretty much nothing for the guy at the source of it all. That's a breach of the unwritten rules of Japanese social interactions, but standard workings of Japanese society would have had him take it and shut up, too bad form him that his higher-ups were dicks. He decided he wouldn't.

  4. Re:Well, its certainly on the right track. by Anonymous Coward · · Score: 4, Insightful

    Clearly this means that the patent money is not a great catalyst for the invention he made.

    How do you come to this conclusion? It is more likely that he worked on research in the hopes that he will share the profits that it generates. Think of it as stock based compensation. You would work before you see the money, if you do good, you will see money when the stock price increases.