(Fees)

195. —- (1) – (8) (Omitted)

(9) Where the patent application was abandoned or withdrawn, between the time when the request for examination has been made and the time when any of the following order, notification or transmittal of a copy of the examiner’s decision was made, the fees paid for the request for examination to be paid shall be refunded under subsection (2) to the extent as prescribed by Cabinet Order, upon the request of the person who paid them;
(i) the order under Section 39(7);
(ii) the notification under Section 48septies(48-7);
(iii) the notification under Section 50;
(iv) the transmittal of the copy of the examiner’s decision under Section 52(2).

(10) No refund of the fees under the preceding subsection may be requested after six months from the date on which a patent application is abandoned or withdrawn.

(11) and (12) (Omitted)

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113. – 120. —- Deleted

(Patent invalidation trial)

123. —- (1) (Omitted)

(2) Any person may demand a patent invalidation trial. However, a demand for the trial on the ground that a patent falls under the preceding subsection (ii) (limited to a patent granted contrary to Section 38) or said subsection (vi) may be demanded only by an interested person.

(3) and (4) (Omitted)

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(Correction trial)
126.—- (1) The patentee may demand a correction trial for making a correction of the description, patent claim(s) or drawing(s) attached to the request. However, such correction shall be limited to the following:
(i) the restriction of claim(s);
(ii) the correction of errors in the description or of incorrect translations;
(iii) the clarification of an ambiguous description.

(2) A correction trial may not be demanded during the period between the time when the patent invalidation trial has come to be pending before the Patent Office and the time when the trial decision has become final and conclusive. However, this provision shall not apply during the period of 90 days from the date when an action against the trial decision was instituted with respect to a patent invalidation trial (excluding the period after a court’s decision annulling a trial decision under Section 181 (1) or (2) has been final and conclusive).

(3) – (6) (Omitted)

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(Annulment of the trial decision or ruling)
181. —- (1) (Omitted)

(2) Where the court recognizes that it is reasonable to order a further examination to be carried out in an action instituted against the trial decision with respect to the patent invalidation trial under Section 178(1) for invalidating that patent, and when the patentee has made a demand for a correction trial or intended to do so, it may annul the trial decision by the ruling for remitting the cause to the trial examiner.

(3) Before rendering a ruling under the preceding subsection, the court shall hear the opinion of the party.

(4) The adjudication in the court decision under subsection (2) shall be binding on the trial examiner as well as other third party.

(5) When the court decision annulling a trial decision or ruling under the subsection (1) or the court’s ruling annulling a trial decision under the subsection (2) has become final and conclusive, the trial examiner shall carry out a further trial examination and render a trial decision or ruling.

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(Demand for correction in patent invalidation trial)
134bis(134-2). —- (1) A defendant in the patent invalidation trial may demand a correction of the description, patent claim(s) or drawing(s) attached to the request only within the time limit designated in accordance with Section 134(1) or (2), Section 134ter (1) or (2) or Section 153(2). However, such correction shall be limited to the following:
(i) the restriction of a patent claim or claims,
(ii) the correction of errors or incorrect translation therein,
(iii) the clarification of an ambiguous statement therein.

(2) When a trial examiner-in-chief receives a written demand for correction under the preceding subsection or a corrected description, patent claim(s) or drawing(s) attached to said written demand, he shall transmit to the demandant a copy thereof.

(3) – (5) (Omitted)

(Demand for correction in case where annulling court decision, etc. rendered)
134ter(134-3). —- (1) Where a court decision annulling a trial decision (limited to the decision not allowable) in a patent invalidation trial under Section 181(1) has become final and conclusive, and when a trial examination is to be commenced under said Section (5), a trial examiner-in-chief may designate, only when a motion has been made by the defendant within a week from date for which that court decision has become final and conclusive, an adequate time limit to make a demand for correction of a description, patent claim(s) or drawing(s) attached to the request for the defendant.

(2) Where a court decision annulling under Section 181 (2) has become final and conclusive, and when a trial examination is to be commenced under said Section (5), a trial examiner-in-chief shall designate and adequate time limit to make a demand for correction of a description, patent claim(s) or drawing (s) attached to the request for the defendant. However, this provision shall not apply in the case where, at the time when the trial examination commenced, the trial decision with respect to the correction trial which was demanded within the time limit referred to in the proviso to Section 126(2) in the trial concerned has become final and conclusive.

(3) Where a defendant of patent invalidation trial has been made a demand for a correction trial within the time limit referred to in proviso to Section 126(2), and when he make the demand for correction under Section 134bis(134-2)(1) within the time limit designated in accordance with the preceding two subsections, he may cite the corrected description, patent claim(s) or drawing(s) attached to the written demand for the correction trial.

(4) Where a demand for a correction trial was made within the time limit referred to in the proviso to Section 126(2), and when the demand for correction under Section 134bis(1) is made within the time limit designated in accordance with subsection (1) or (2), that demand for the correction trial shall be deemed to have been withdrawn. However, this provision shall not apply in the case where the trial decision with respect to the correction trial has become final and conclusive at the time when the correction trial was made.

(5) Where a demand for a correction trial was made within the time limit referred to in the proviso to Section 126(2), and when a demand for correction under Section 134bis(1) failed to make the demand for correction with the time limit designated in accordance with subsection (1) or (2), the demand for correction under Section 134bis(1) cited for the corrected description, patent claim(s) or drawing(s) attached to the written demand for the correction trial shall be deemed to have been made at the time on the last day of the time limit. However, this provisions shall not apply in the case where the trial decision with respect to the correction trial has become final and conclusive at the time on the last day of the time limit.

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