Japanese Patent FAQs
Q.What are the consequences if an employment agreement or an assignment (from the inventors to the company) failed to mention Japanese ownership rights before a PCT application was filed?
The employment agreement must be signed before the PCT application was filed. However, even if such an agreement or an assignment had not been made before the filing date of the PCT application, the JPO will not consider that the Japanese national phase of the PCT application is invalid. On the other hand, a court may not allow the patentee to request injunction or compensation for damage against an infringer.