Patent Act Articles 90 to 91-2: Rescission of Award
・When rescinding an award, the Commissioner of the Japan Patent Office shall (i) provide the patentee and the licensee, etc., with an opportunity to submit a written answer, (ii) hear the opinions of the council, etc., (iii) perform the rescission in writing, including the reasons for the rescission, and (iv) serve a transcript of the award to the parties, etc.
・Even if the person who received the award does not work the invention appropriately, the award will not be rescinded if there is a justifiable reason. In other words, even if the person who received the award is not working the invention at all, there are cases where the award will not be rescinded.
・The time when the rescission occurs is the time when the rescission disposition becomes final and binding.
(Preparation for the short-answer examination)
・After the rescission of an award, the non-exclusive license is extinguished 'thereafter' (Patent Act Article 91). It is not extinguished immediately.
・Patent Act Article 90
(Rescission of Award)
Article 90 (1) The Commissioner of the Japan Patent Office may, upon the request of an interested person or ex officio, rescind an award after having made an award to grant a non-exclusive license pursuant to the provisions of Article 83(2), when it is no longer appropriate to maintain the award due to the disappearance of the reasons for the award or other grounds, or when the person who has been granted the non-exclusive license does not appropriately work the patented invention. (2) The provisions of Article 84, Article 84-2, Article 85(1), Article 86(1), and Article 87(1) shall apply mutatis mutandis to the rescission of an award under the provisions of the preceding paragraph, and the provisions of Article 85(2) shall apply mutatis mutandis to the rescission of an award under the provisions of the preceding paragraph in the case where the person who has been granted the non-exclusive license does not appropriately work the patented invention.
・Patent Act Article 91
Article 91 When an award is rescinded under the provisions of paragraph (1) of the preceding Article, the non-exclusive license is extinguished thereafter.
・Patent Act Article 91-2
(Restriction on Grounds for Objection to Award)
Article 91-2 In a request for administrative review under the Administrative Complaint Review Act regarding an award under the provisions of Article 83(2), an objection regarding the consideration determined in the award may not be used as a ground for objection to the award.
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