Results

If a so-called “secret patent system” is to be introduced to prevent the leakage of technology information out of Japan, what are the points of question that should be thoroughly addressed? This paper discusses this question from the perspective of bridging the debate on security trade control and the intellectual property system. As a result, we are making three recommendations. First, the secret patent system should cover only a limited range of sensitive technologies. Second, from the perspective of the purpose of the patent system, a system that grants patents in secrecy is not compatible with the purpose of the patent system and, therefore, should be considered mainly in the form of a registration deferral system. Third, sufficient compensation should be provided in order to provide incentives for secrecy and to mitigate the impact of the disadvantage of the secret patent system on technological development as revealed by empirical studies on the equivalent system in the U.S.