IPA IP 2020 Question 16
A question IPA Japan published in 令和2年度 10月 ITパスポート試験 公開問題 問16, translated into English. ITPEC is based on the same exams.
Among the various results A through C produced in developing a new product, which of the following lists all and only those that can be subject to protection under the Patent Act?
Explanation
Only A, the invention — the Patent Act protects inventions; designs and brand names have their own laws.
Japan’s industrial property rights are split by what they protect. The Patent Act protects inventions, highly advanced creations of technical ideas that use the laws of nature; the Utility Model Act protects devices concerning the shape or structure of articles; the Design Act protects the appearance of products; the Trademark Act protects marks and names used on goods and services.
- •A: an original invention that achieves a function is a technical idea, the subject of a patent.
- •B: the shape, pattern and color of a product are its appearance, protected by a design right under the Design Act, not by a patent.
- •C: a brand name is a mark that tells the product apart from others, protected by a trademark right under the Trademark Act.
Answer (a)
Why not others:
- •(b) — adds B, a design, which the Design Act protects
- •(c) — adds B and C, a design and a brand name, neither of which is an invention
- •(d) — adds C, a brand name, which the Trademark Act protects
Key rule: Match the result to its right: invention → patent, device of shape or structure → utility model, appearance → design right, name or mark → trademark.
Legal Affairs · AI-written, may contain errors
This question comes from the past questions IPA Japan publishes, translated into English by ITPEC Practice. ITPEC Practice is an independent study tool and is not affiliated with IPA or ITPEC. See the original paper (PDF) or Report an issue.