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Information about the invalidation trial system in Japan

  1. An invalidation trial may be demanded by any entity, even those without interest, at anytime after issuance of a patent (even after expiration of the patent term).
  2. The decisions are made by three trial examiners at the Japanese Patent Office.
  3. Both parties are involved in an adversary system during the trial procedure.
  4. The name of the demanding party is disclosed.
  5. The trial takes place based on submitted documents, however oral-testimonial trial examination is also available.
  6. First, the demanding party files a demand for trial, then the patentee files a written reply, thereafter the demanding party files a refutation of the patentee’s reply.
  7. The demanding party may submit prior art references that have been located by himself.
  8. The Official fee for filing a trial for invalidation is calculated as 49,500 yen + (5,500 yen per claim).
  9. The patentee may file a correction and narrow the scope of claims if the patentee believes the patent will be invalidated at trial.
  10. The demanding party may withdraw the demand during the process of the trial and terminate the trial.
  11. The demanding party may appeal against the trial decision by affirming the patent at issue to the Tokyo High Court if the patent is decided to be valid. The patentee may appeal against the trial decision to the Tokyo High Court if the patent is decided to be invalid.