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Amendments to Japanese Patent Law
(Effective from January 1 and April 1, 2004)
Statement of Opinion by the JPO in a Suit against Trial Decision
In a suit against an invalidation trial decision, the JPO is not the involved party. In order to achieve prompt and precise resolution, the JPO shall state an opinion relating to the construal of provisions and the examination guidelines when appropriate.
When the court determines it is appropriate to have an opinion of the JPO relating to the construal of provisions and the examination guidelines, the JPO shall be requested to state an opinion. On the other hand, when the JPO files a petition for stating an opinion relating to the construal of provisions and the examination guidelines before the court, the JPO may state an opinion if the court allows.