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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.
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.
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.
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.