特許庁ステータスレポート2019
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3) Improvement of ProceedingsThe JPO is implementing the following initiatives in order to further improve proceedings:(i) Oral Proceedings• In inter-partes trial cases (including trials for invalidation and trials for rescission), oral proceedings, where the panel and the parties orally communicate with each other, are proactively utilized in order to accurately grasp and sort out the points of dispute and to increase the parties’ acceptance of the results. In 2018, 202 oral proceedings were conducted.(ii) Circuit Trials and On-Site Interviews• When companies, universities, etc. in the local regions are the parties concerned, the panel may visit their regions at their request to conduct circuit trials (oral proceedings conducted for trials for invalidation) or on-site interviews (interviews aimed at facilitating communication on trial and appeal proceedings). In 2018, 34 circuit trials and 41 on-site interviews were conducted.(iii) Trial and Appeal Practitioner Study Group• “The Trial and Appeal Practitioner Study Group,” which is comprised of; practitioners such as corporate IP personnel, patent attorneys, lawyers, etc.; and the judges as observers; in addition to JPO administrative judges, is convened every year. The Study Group deliberates on the method of determination in making trial/appeal decisions or court decisions in actual cases, and publishes a report*3 that summarizes the results of its studies. In 2018, the Study Group studied a total of 12 cases: 8 patent cases, 1 design cases, and 3 trademark cases.4) Dissemination and Awareness Raising of the Trial and Appeal SystemThe JPO is implementing the following initiatives in order to further improve proceedings:(i) English Translations of Trial/Appeal Decisions• In order to improve international dissemination of information on trials and appeals of the JPO, the JPO has been providing manually-translated English edition of trial/appeal decisions, decisions on opposition, and Hantei (advisory opinions on the scope of industrial property rights), at the JPO’s website*4, that would help users with the understanding of the law interpretation and its practices in Japan. In 2018, the JPO provided English translations for 105 trial/appeal decisions.(ii) Demonstration of Mock Oral Proceedings• The JPO holds mock oral proceedings in order to improve oral proceedings, to further promote the use of circuit trials and to disseminate and raise awareness of the trial/appeal system. In 2018, the JPO demonstrated mock oral proceedings in seven locations at the Circuit JPO sessions, etc. [Picture 4]Demonstration of mock oral proceedings at the Circuit JPO session 巡回特許庁における模擬口頭審理の実演Picture 4  写真4Chapter 1 第1章76*3Englishhttps://www.jpo.go.jp/e/resources/shingikai/kenkyukai/sinposei_kentoukai.html*4Englishhttps://www.jpo.go.jp/e/system/trial_appeal/info-general-shinketsu-eiyaku.html

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