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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.
"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.
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.
Patent and copyright laws have never been about compensating inventors or creators. If they had been, they would be mandating actual payment to them.
Their construction as monopoly rights in a market where few individual creators or inventors will be scarce resources ensures that the negotiating power will be entirely on those in control of markets and distribution networks. The middle man can easily just pick up another provider of materials, while the originator is forced to take whatever deal is offered or face being unable to reach customers at all. Modern technology has slightly improved the situation with better opportunities, but ultimately, the deck is stacked solidly against the creators.
But that's working as it's designed. The purpose of monopoly rights has always been to provide stable market power and protection from free market competition for the friends of the crown. Creators are merely the convenient, powerless and easily replaceable excuse.
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.
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.
This is just idiotic. In America if you're work for hire the company owns your patents unless you invent them on your own time using your own resources. He's a damned fool, in America he wouldn't have gotten a cent if he'd tried to sue his employer for royalties unless his contract expressly granted royalties.
You are incorrect. Patents and copyrights done on your own time and not relating to company assets are yours.
You might want to re-read your employment contract. It is not uncommon for your contract to state that stuff you work on during the term of your employment belongs to the company unless you have made prior arrangements. At my company, unless you get agreement in writing specifying what you are working on in your own time, everything belongs to the company.
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.
Oh! That's why we have had an influx of a LOT of US researchers recently. Our copyright (which is, more accurately, actually called "creators right") pretty much disallows such a clause.
Might be a reason why lots of people prefer to do research in Europe where their employers can only offer a shared exploitation of stuff you do in your private time. Usually it's not the worst idea to agree to something like this, since the company usually has far better means to monetize your inventions and has less of an incentive to screw you over than any competitor (since they usually want to retain you in their team, too). But they can neither force you to do so nor simply push you aside, what you do on your own time is your own.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
I'm afraid you need to look up his case. His employers said "stop" and ended the funding, especially of technician time and equipment. He then completed the work on his own time, out of his own salary, with equipment and materials he bought. The company did wind up owning the patent. But this is a case where the inventor did, indeed, act as a dedicated scientist and engineer, not merely as an employee under managerial direction.