As of October 21, 2015, petitioners have filed 119 post-grant Opposition cases, which have been possible from April 1, 2015 under the 2014 amendment of Japan’s Patent Act. Of the Oppositions filed, 41 (34%) were filed against patents classified in the International Patent Classification (IPC) “Human Necessities” category. Following this category were “Chemistry; Metallurgy” with 26 and “Performing Operations; Transporting” with 21 petitions.
According to the amended Patent Act, any party may file a post-grant Opposition against a patent that has been published in the Patent Gazette on or after April 1, 2015, within 6 months from the publication date of the applicable Gazette.
If you need the services of a Japanese patent law firm to file a post-grant Opposition to a patent recently published in Japan, please feel free to contact Keisen Associates.
Sources (accessed November 9, 2015)
Figures: https://www.jpo.go.jp/tetuzuki/sinpan/sinpan2/igi_moushitate_ryuuiten.htm.
Rules: https://www.jpo.go.jp/english/ip-rights/appeals-trials/pdf/opposition/legal_matters.pdf
* The information provided on this website is for informational purposes only and is not intended as legal advice.
