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Home > Obtaining IP Rights > Appeals/Trials > Manual for Trial and Appeal Proceedings (16th edition)

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Manual for Trial and Appeal Proceedings (16th edition)

(Following is contents of original "Manual for Trial and Appeal Proceedings." Some items are available in English in Adobe's PDF format for viewing and printing.)

Foreword

Explanatory Notes

Classified Table by Proceeding for "Manual for Trial and Appeal Proceedings"

Table of Contents

(Hereafter, patents as P, utility models as U, designs as D, trademarks as T)

00 General

 
00-01 P U D T Types of Proceedings: Trial and Appeal, etc.
00-02 P U D T Trial and Appeal Proceedings by Electronic Data Processing System
00-03     D   Trials and Appeals concerning International Application for Design Registration

01 Documents in General

 
01-01 P U D T Inspection of Records

02 Trial and Appeal Decision Classification, Court Decision Classification

 
02-02 P U D T Trial and Appeal Decision Classification and Court Decision Classification
02-02.1 P       Classification Table for Trial and Appeal Decisions: Patents
02-02.2   U     Classification Table for Trial and Appeal Decisions: Utility Models
02-02.3     D   Classification Table for Trial and Appeal Decisions: Designs
02-02.4       T Classification Table for Trial and Appeal Decisions: Trademarks
02-02.5 P U D T Classification Table for Court Decisions: Patents
02-03 P U D T Guideline for Designating Trial and Appeal Decision Classification and Court Decision Classification

07 Trial Court

 
07-01 P U D T Trial Court
07-02 P U D T Duties of Bailiff at the Trial Court

10 Provision of Information

 
10-02 P U   T Pre-Grant Provision of Information
10-04 P U     Post-Grant Provision of Information

11 Receipt, Announcement of Registration

 
11-01 P U D T Notification of Trial and Appeal Numbers, etc.
11-02 P U D T Notification of Request (Motion) to a Person Having a Registered Right

12 Designation of Administrative Judge and Trial Clerk

 
12-01 P U D T Notification of Designation and Change of Designation of Administrative Judge and Trial Clerk
12-04 P U D T Exclusion and Refrainment of Trial Examiners (Appeal Examiner's Involvement in Prior Decision by the Examiner

16 Handling of Evidences (Models, Samples)

 
16-01 P U D T Procedures for Restoration of Models, Samples or Evidences, That Have Been Submitted to the JPO

17 Certification, Transmission

 
17-01 P U D T Service of Documents

20 Handling of Proceeding Matters

 
20-00 P U D T Handling of Proceeding Matters

21 Formality, Amendment, Supplement, Dismissal

 
21-00 P U D T Procedures for Investigating Violation of Formality Requirements
21-01 P U D T Required Documents That Need to be Attached to Written Demand/Request for Trial/Appeal, etc. (including Powers of Attorney)
21-02 P U D T Order to Correct and Inquiry
21-03 P U D T Typology That Needs to Be Amended
21-03.1 P U D T Description in the Column "the Grounds for the Request" in a Demand/Request for Trial/Appeal
21-03.3       T Handling of a case when there is a description of "Similar Goods," etc. in the Column "the Object of the Request" in a Trial for Invalidation or Trial for Rescission for Trademarks
21-05 P U D T Handling of Errors in Indication of Either Application Number or Registration Number
21-06 P U D T Handling of Supplement of Reason
21-08 P U D T Dismissal of Unlawful Procedures
21-09 P       Fees for a Request for a Patent Trial and Appeal

22 Inter-Partes Trial, Joint Trial

 
22-01 P U D T Party Concerned
22-02 P U D T Examples of Judgments Related to the Parties
22-03 P U D T Joint Trial
22-04 P U D T Demandee’s Domicile That Is Written in a Written Request for Trial for Invalidation After the (attacked) Patent Has Been Surrendered or Has Lapsed

23 Agent

 
23-00 P U D T Agent in General
23-01 P U D T Legal Agent
23-02 P U D T Voluntary Agent (Attorney)
23-03 P U D T Authorized Agent
23-04 P U D T Patent Administrator (PDF:95KB)
23-05 P U D T Sub Agent
23-06 P U D T Curator
23-07 P U D T Unauthorized Representation
23-08 P U D T With or Without an Agent and Trial and Appeal Proceedings
23-09 P U D T Document Certifying Power of Attorney
23-10 P U D T Procedures in the Case Where There Is No Patent Administrator (PDF:114KB)
23-11 P U D T Handling of the Death of an Agent
23-12 P U D T Representative of a Legal Entity and Its Indication
23-13 P U D T Procedures for Handling The Person Who Will be Appointed as One of the Agents Mid-Way Through the Procedures

25 Time Limit

 
25-01 P U D T Designated Time Limit: Ex-Parte Appeal, Opposition to Trademark Registration, Hantei (Advisory Opinion on the Technical Scope of Industrial Property Rights)
25-01.1 P U D T List of Important Time Limits (1) (Ex-Parte Appeal, Opposition to Trademark Registration, "Hantei")
25-01.2 P U D T Designated Time Limit: Trial for Invalidation, Trial for Correction, Trial for Revocation of Trademark Registration
25-01.3 P U D T List of Important Time Limits (2) (Trial for Invalidation, Trial for Correction, Trial for Revocation of Trademark Registration)
25-01.4 P       Designated Time Limit: Opposition to Grant of Patent
25-01.5 P       List of Important Time Limits (3) (Opposition to Grant of Patent)
25-02 P U D T Calculation of Time Limits
25-03 P U D T Designation of Time Limits When a Duplicate of a Written Reply, etc. is Served
25-04 P U D T Extension of the Period for Submission (PDF:67KB)

26 Suspension, Termination or Resumption

 
26-01 P U D T Stop of Procedures (Suspension, Termination)
26-01.1 P U D T Handling of Cases When, as a Result of Suspension of Procedures for a Long Period of Time, Duration of Right Has Exceeded a Time Limit and therefore, It Has Become Impossible to Obtain a Right
26-02 P U D T Succession of Rights and Continuation of Procedures
26-03 P U D T Special Time Limit for Demand/Request for Trial/Appeal (Retrial)
26-04 P U D T Resumption of Procedures
26-05 P U D T Decision to Approve or Disapprove a Resumption of Procedures

30 Common Issues in Trial and Appeal (General)

 
30-01 P U D T Amendment and Change of Gist in a Written Demand/Request for Trial/Appeal
30-02 P U D T Prohibition of Double Jeopardy
30-03 P U D T Consolidation/Separation of Trial/Appeal Examination
30-04 P U D T Interview by a Panel (Administrative Judges)
30-07 P U D T Handling of a Situation Where It is Found That a Person Undertaking Procedures is Not Competent or Suitable for Undertaking Such Procedures

31 Proprietary Interest

 
31-00 P U D T Conditions for Demandant in a Trial for Invalidation
31-01 P     T Interested Persons
31-02 P     T Specific Examples of the Interested Persons

32 Documentary Proceedings

 
32-01 P U D T Notification of Documentary Proceedings in a Trial for Invalidation

33 Oral Proceedings

 
33-00 P U D T Oral Proceeding Method
33-00.1 P U D T Trial and Appeal Cases Subject to Oral Proceedings and Timing for Selecting Those Cases
33-01 P U D T Designating a Date of Oral Proceedings
33-01.1 P U D T Notification of the Designated Date of Oral Proceedings
33-02 P U D T Change of the Designated Date of Oral Proceedings
33-03 P U D T Procedure for Handling a Situation Where a Person is not Appearing on the Designated Date
33-04 P U D T Guidelines for Trial Records of Oral Proceedings
33-05 P U D T Order of Oral Proceedings
33-06 P U D T Use of Recording Devices, etc. in Oral Proceedings
33-07 P U D T Oral Proceedings Statement Brief
33-08 P U D T Written Notice of Proceeding Matters

34 Evidence in General

 
34-01 P U D T Inspection of Documents and Important Points Concerning Producing Evidence
34-01.1 P U D T Handling of Foreign Documents in Trial for Invalidation and Opposition to Grant of Patent (or, Trademark Registration)

35 Examination of Evidence and Preservation of Evidence

 
35-00 P U D T Examination of Evidence in General
35-01 P U D T Procedures for Preparation for Examination of Witness, etc.
35-02 P U D T Guidelines for Trial Records of Examination of Witness
35-03 P U D T Commission to Examination of Witness
35-04 P U D T Order in Which Witness Shall Be Examined
35-05 P U D T Main Points of Examination of Witness
35-06 P U D T Inspection
35-07 P U D T Imparlance Procedures and These Cases
35-08 P U D T Preservation of Evidence
35-09 P U D T Actual Examples of Preservation of Evidence Cases
35-10 P U D T Refund of Money on Deposit Deposited in Advance for Examination of Evidence
35-11 P U D T Authorized Administrative Judges
35-12 P U D T Expert Opinion

36 Ex Officio Principle, Ex Officio Examination

 
36-01 P U D T Ex Officio Principle and Examples of Ex Officio Examination

37 Inquiry

 
37-00 P U D T Order, Inquiry, Notification, etc.
37-02 P U D T Inquiry

38 Correction in General

 
38-00 P       Claimed Invention Subject to Request for Correction
38-01 P       Unit of Claim to be Requested for Correction and a Group of Claims
38-02 P       Correction of Descriptions or Drawings
38-03 P       Requirements for Corrections
38-04 P       Object of the Request for Correction and the Reasons for Correction in a Written Request for (Trial for) Correction
38-05 P       Corrected Description, the Scope of Claims or Drawings
38-06 P       Fees Concerning Correction

42 Conclusion and Resumption of the Proceedings

 
42-00 P U D T Conclusion and Resumption of the Proceedings
42-04       T Resumption of the Proceedings in Appeal Against an Examiner's Decision of Refusal of Trademarks

43 Withdrawal, Waiver

 
43-01 P U D T Authority of Voting of Written Withdrawal
43-02 P U D T Withdrawal Procedures Related to Demand/Request for Trial/Appeal (Opposition to Grant of Patent (Trademark Registration))
43-03 P U D T Waiver of Demand/Request for Trial/Appeal
43-05 P U D T Partial Withdrawal of Demand/Request for Trial/Appeal (Opposition to Grant of Patent (Trademark Registration))

44 Decision, Decision on Dismissal

 
44-01 P U D T Matters to be Stated in Decision

45 Trial and Appeal Decision

 
45-01 P U D T Procedures for Rendering Trial and Appeal Decision
45-03 P U D T Matters to be Stated in Inter-Partes Trial Decisions
45-04 P U D T Indication Method for Conclusion of Trial and Appeal Decision
45-06 P U D T Correction of Trial and Appeal Decisions, etc
45-10 P U D T Indication of Party Concerned, etc. in Written Trial/Appeal Decision, etc.
45-11 P U D T Cases in Which It Is Not Necessary to Describe Agents in Written Trial/Appeal Decision
45-19 P U D T Dismissal by Trial/Appeal Decisions
45-20 P U D T Clause Example of Dismissal of Trial/Appeal Decisions

46 Becoming Final and Binding

 
46-00 P U D T Becoming Final and Binding

47 Costs

 
47-01 P U D T Bearing of Costs in Connection with Trial/Appeal, etc.
47-02 P U D T Determination of the Amount of Costs in Connection with Trial/Appeal
47-03 P U D T Scope and Calculation of the Costs in Connection with Trial/Appeal

50 Inter-Partes Trial (Including "Hantei" (advisory opinion on the technical scope of industrial property rights))

 
50-00 P U D T Handling of a Demand/Request for Trial/Appeal in Which a Company That Has Been Bankrupted Was requested as a Demandee

51 Trial for Invalidation

 
51-00 P U D T Trial for Invalidation
51-01   U     A Trial for Invalidation of New Utility Model Registration
51-02 P U     Comparison Table of Trial for Patent Invalidation and Trial for Invalidation of New Utility Model Registration
51-03 P U D T Trial for Invalidation Flow Charts by IP Type
51-04 P U D T Object of Request for Trial for Invalidation, Reasons for Invalidation
51-05 P U D T Authorized Person, Party Concerned and Intervenor of Trial for Invalidation
51-06 P U D T Restriction on Request for Trial for Invalidation
51-07 P U D T Written Request for Trial for Invalidation
51-08 P U D T Deficiencies and Amendment of Request for Trial for Invalidation
51-09 P U D T Proceeding Method of Trial for Invalidation
51-10 P U D T Initiation of Trial for Invalidation Proceedings
51-11 P U     Request for Correction by Patentees (Patents and Former Utility Models)
51-12   U     Corrections in Trial for Invalidation of New Utility Model Registration
51-13 P U D T Proceedings after Non-Final Reply
51-14 P U     Proceedings after Submission of A Written Request for Correction (Patents and Former Utility Models)
51-15 P U D T Proceedings after Rebuttal by a demandant
51-16 P U D   Change of Gist of "Reasons for Written Request for Trial"
51-17 P U     Advance Notice of Trial Decision (Patents and Former Utility Models)
51-18 P U D T Notice of Reasons for Invalidation
51-19 P U D T Decisions of a Trial for Invalidation and Registration to Register of Trial Decisions, etc.
51-20 P U     Handling of Prohibition of Double Jeopardy in Request for Correction
51-21 P U D T Procedures after Trial Decision in a Trial for Invalidation is Rendered
51-22 P U     Handling of Trial for Patent Invalidation and Trial for Correction That are Pending at the Same Time (Patents and Former Utility Models)
51-23   U     Proceedings of a Trial for Invalidation of New Utility Model Registration on Grounds of Patent Applications Concerning Identical Inventions
51-24   U     Termination of the Timing when It is Not Possible to Make Corrections Due to a Relationship with a Trial for Invalidation of New Utility Model Registration
51-25 P U D T Well-Organized Proceedings

53 Trial for Rescission of Trademark Registration

 
53-00       T Procedure of Trial for Rescission Proceedings
53-01       T Trial for Rescission on Grounds of Non-Use of Registered Trademark (PDF:272KB)
53-02       T Trial for Rescission on the Grounds of Falsely Applied Registered Trademark
53-03       T Trial for Rescission against Trademark Registration in Bad Faith by Agent or Representative of the Owner of a Mark in a Country of the Union to the Paris Convention
53-04       T Trial for Rescission to Prevent Confusion Arising from Transfer of Similar Trademark Right

54 Trial for Correction

 
54-00 P       Trial for Correction
54-01 P       Object of Request for Trial for Correction
54-02 P       Party Concerned for Trial for Correction
54-03 P       Timing When It Is Possible to File a Request for Trial for Correction
54-04 P       Procedures for Filing a Request for Trial for Correction
54-05 P       Proceedings of Request for Trial for Correction
54-05.1 P       Change of Gist of Written Request for Trial
54-06 P       Procedure of Trial for Correction Proceedings, etc.
54-07 P       Decision of Trial for Correction, Registration of Trial Decision, etc.
54-11 P       Trial for Correction Concerning International Patent Application in a Foreign Language under the Patent Cooperation Treaty

56 Proceedings in Multiple Co-Pending Trial Cases of the Same Rights

 
56-01 P U D T Multiple Co-Pending Trial for Invalidation Cases
56-02 P U D T Trial for Invalidation Requested During the Time the Revocation Action Against a Trial Decision is Pending

57 Intervention

 
57-00 P U D T Intervention
57-01 P U D T Types and Requirements of Intervention
57-02 P U D T Non-Compliance with Formality Requirements of (Written) Application of Intervention
57-05 P U D T Effects of Intervention
57-07 P U D T Decision to Approve or Disapprove Intervention
57-09 P U D T Demand for Intervention and Dismissal or Withdrawal of Demand for Trial

58 "Hantei (Advisory Opinion on the Technical Scope of Industrial Property Rights)" and the Commissioning of the Provision of an Expert Opinion by a Court

 
58-00 P U D T Hantei
58-01 P U D T Hantei Procedures
58-02 P U D T Organizations that Provide Hantei and Procedures of Proceedings
58-03 P U D T Proceedings of Hantei
58-10 P U D T Commissioning of the Provision of an Expert Opinion by a Court
58-12 P U D   Seeking the Opinion of Director of Customs
58-14 P U D T Asking Opinions and Statement of Opinions

59 Exclusion and Recusation Trials and Appeals

 
59-01 P U D T Grounds of Exclusion and Recusation, etc.
59-02 P U D T Effects of a Motion Requesting an Exclusion and Effects of Exclusion Trial Procedures and Decision
59-03 P U D T Effects of a Motion Requesting a Recusation and Effects of Recusation Trial/Appeal Procedures and Decision
59-05 P U D T Determination Method and Actual Examples of Exclusion or Recusation

61 Appeal against Examiner's Decision of Refusal

 
61-00.1 P       Basic Flow of Appeal against Examiner's Decision of Refusal
61-00.2 P       Simulated Example of Patent Examination and Appeals
61-01 P   D T Subject to Appeal against Examiner's Decision of Refusal
61-02 P   D T Party Concerned of Appeal against Examiner's Decision of Refusal
61-03 P   D T Time When a Request for Appeal against Examiner's Decision of Refusal Can Be Filed
61-04 P   D T Procedures for Filing a Request for Appeal against Examiner's Decision of Refusal
61-05 P   D T Examination of a Request for Appeal against Examiner's Decision of Refusal
61-05.1 P       Appeal Against Examiner's Decision to Dismiss Amendment in a Prior Decision in Appeal against Examiner's Decision of Refusal of a Patent Application
61-06 P   D T Procedure of Appeal against Examiner's Decision of Refusal Proceedings
61-07 P   D T Appeal Decision of Appeal against Examiner's Decision of Refusal
61-10 P   D T Handling of Cases When an Application is Converted After, or at the Same Time, a Request for Appeal against Examiner's Decision of Refusal is Filed
61-11 P       Notification to Patentees When the Invention Concerning the Said Patent Application is the Same as the Invention Concerning the Patent that Has Been Filed on the Same Date and Already Registered by a Different Applicant in Appeal against Examiner's Decision of Refusal for patent applications
61-12       T Handling of Appeal against Examiner's Decision Cases When the Cited Trademarks are Pending in either Trial for Trademark Invalidation or Trial for Rescission of Trademark Registration

62 the Effects of Examination Procedures and Notice of Reasons for Refusal

 
62-02 P       Handling of an Application, Which Has Been Refused on the Grounds of No Novelty in the Examiner's Decision, However, Which Administrative Judges Decide That It is Appropriate to Refuse on the Grounds of No Inventive Step
62-03 P       Handling of an Application, Which Has Been Refused on the Grounds of No Inventive Step in the Examiner's Decision, However, Which Administrative Judges Decide That It is Appropriate to Refuse on the Grounds of No Novelty
62-04 P       Handling of the Publication of Unexamined Utility Model Applications Used as Cited Publications
62-06 P   D T Handling of Reasons for Refusal, in Appeal Against Examiner's Decision of Refusal, that Have Been Included in the Decision to Grant, However, Not Become Reasons for Decision

63 Amendment and Decision to Dismiss Amendment

 
63-04 P       Drafting of Decisions When an Examiner’s Decision to Dismiss Amendment is Rendered along with an Appeal Decision in Appeal Against Examiner’s Decision of Refusal

66 Opposition to Trademark Registration

 
66-00       T Opposition to Trademark Registration
66-01       T Opposition to Trademark Registration Procedures
66-02       T Owner of a Trademark Right, Appellant and Intervenor of Opposition to Trademark Registration
66-03       T Opposition to Trademark Registration Procedures
66-04       T Opposition to Trademark Registration Proceedings
66-05       T Procedure of Proceedings for Opposition to Trademark Registration
66-06       T Decision on Opposition to Trademark Registration
66-07       T Relationship between Opposition to Trademark Registration and Trials

67 Opposition to Grant of Patent

 
67-00 P       Opposition to Grant of Patent
67-01 P       Reasons for Opposition to Grant of Patent and Time Limit for Filing a Request for Opposition to Grant of Patent
67-02 P       Patentee, Opponent and Intervenor of Opposition to Grant of Patent
67-03 P       Opposition to Grant of Patent Procedures
67-04 P       Deficiencies and Amendment in Opposition to Grant of Patent
67-05 P       Opposition to Grant of Patent Proceedings
67-05.1 P       Notification of Reasons for Revocation
67-05.2 P       Submission of Written Opinion or Written Request for Correction by Patentee
67-05.3 P       Proceedings of Submission of Written Opinion or Written Request for Correction
67-05.4 P       Submission of Written Opinion by Opponent
67-05.5 P       Notification of Reasons for Revocation (Advance Notice of Trial Decision)
67-06 P       Decision on Opposition to Grant of Patent
67-07 P       Handling of Multiple Oppositions to Grant of Patent
67-08 P       Proceedings Before Expiry of a Time Limit for Filing a Request for Opposition to Grant of Patent
67-09 P       Co-pending Requests for Opposition to Grant of Patent and Trial for Invalidation
67-10 P       Relationship between Opposition to Grant of Patent and Trial for correction
67-11 P       Handling of Opposition to Grant of Patent Case after the Opposed Patent Has Been Surrendered or Has Lapsed

69 "Trial Against the Examiner's Decision Dismissing an Amendment"

 
69-02     D T Trial Decision Example of a "Trial Against the Examiner's Decision Dismissing an Amendment" Case

70 Retrial

 
70-00 P U D T Retrial

78 Examples of Retrial

 
78-00 P U D T Examples of Retrial

80 Litigation

 
80-00 P U D T Revocation Action Against a Trial/Appeal decision
80-01 P U D T Businesses Associated with an Action That Is Instituted

83 Litigation in General

 
83-00.5 P U D T Appeal Against Chief Administrative Judge 's Decision to Dismiss
83-02.2 P U D T Form a Panel to Handle Trial/Appeal Cases That Have Been Remanded by Courts

[Last Updated 10 May 2017]

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