Benrishi Exam Practice Questions - Japan Patent Attorney Examination (Benrishi) Exam

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Two applicants independently file applications claiming the identical invention on different days. Under Article 39 of the Patent Act, who is entitled to the patent?

The applicant who first reduced the invention to practice The applicant who first conceived the invention Only the applicant who filed earliest in time Both applicants, who must share the patent equally

Correct Answer:

Only the applicant who filed earliest in time

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