Japan Patent Office Opens Online Participation in Invalidation Trials

As reported back in May, the Japan Diet passed revisions to the Japan Patent Act that made remote video participation in some patent proceedings legal. Some of the changes started to go into effect from this October 2021, and on October 12 the first instance of partial remote participation in a patent invalidation trial’s oral hearings took place.[1]

Electronic appliance makers Panasonic Corp. and IRIS OHYAMA Inc. were engaged in a patent invalidation trial oral hearings where some of the patent attorneys for the latter joined by videoconference shown on multiple screens and individual laptop computers in the room (the scene can be viewed here).[1]

The novel coronavirus COVID-19 pandemic was an important spur to get the Japanese government to allow remote, digital participation in the JPO’s trial, but may be an important wedge to promote remote working and greater flexibility in dealing with the JPO. However, of course most people in the case did still show up in person.[1] The face-to-face presence is likely to still carry weight in many participants’ minds.

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Contact: Taro Yaguchi

Sources

[1] JIJI Press Ltd. “無効審判、初のオンライン審理 特許庁 [Japan Patent Office holds first online hearings for invalidation trial].” https://www.jiji.com/jc/article?k=2021101200910&g=pol October 12, 2021. Accessed October 14, 2021.

Header image of Japan Patent Office by Josiah Momose

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