Statistical Information on Opposition to Grant of Patent

December 2021
Trial and Appeal Department, the Japan Patent Office

1. The number of oppositions to grant of patent and the number of final disposition cases

The total number of oppositions to grant of patent has reached 6,006 since the system of opposition to grant of patent entered into force in April 2015, out of which approximately 88.5% have ended in final disposition (as of the end of December 2020).

• * Oppositions to grant of patent are counted by patent right. Therefore, multiple oppositions filed to a single patent right are counted as one opposition.

2. The Results Oppositions to Grant of Patent (filed between April 1, 2015 and December 31, 2020)

(1) Overall results

The results of cases, as of December 31, 2020, that were filed between April 1, 2015 and December 31, 2020 for opposition to grant of patent (except pending cases) are shown in Graph 1.

The number of cases where the registered patent is maintained without corrections (maintained (not corrected)) is 1,925 (36.2%). The number of cases where the registered patent is maintained with corrections (maintained (corrected)) is 2,694 (50.7%). The number of cases where all or part of the opposed claims are revoked is 614 (11.6%). The number of cases where a request for opposition to grant of patent is dismissed because all opposed claims are deleted (dismissed (corrected)) is 57 (1.1%). Some changes have been made to 63.3% % of the opposed patents surrounded by a red line in Graph 1. For instance, all or part of the claimed invention are revoked, a scope of the opposed claims is deleted or restricted, etc.

Graph1:Outcome of Decisions for Opposition (the result as of December 31,2020)

The results of cases that were filed between April 1, 2015 and December 31, 2020 for opposition to grant of patent.

• *1　Decision to maintain a patent without any correction
• *2　Decision to maintain a patent with approval of correction entirely or partially
• *3　Decision to revoke the entire claims or partial claims for the opposition
• *4　Dismissal of the opposition due to approval of correction cancelling the entire claims for the opposition

Please note the ratio between a decision to maintain a patent and a decision to revoke a patent in a certain application year is not fixed until the entire cases in the application year have been finalized.

(2) Results of Oppositions by IPC (International Patent Classification) (as of December 31, 2020)

Results of oppositions to grant of patent by each section of the IPC that were filed between April 30, 2015 and December 31, 2020 are as follows (refer to Graph 2).

Click on the link below for the basic scheme of the Classification and its revision (external link).

Graph2:Outcome of Decisions for Opposition by IPC (the result as of December 31,2020)

The results of cases that were filed between April 1, 2015 and December 31, 2020 for opposition to grant of patent.

• *1　Decision to maintain a patent without any correction
• *2　Decision to maintain a patent with approval of correction entirely or partially
• *3　Decision to revoke the entire claims or partial claims for the opposition
• *4　Dismissal of the opposition due to approval of correction cancelling the entire claims for the opposition

[Last updated 24 December 2021]