An International Guide to
Patent Case Management for Judges

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7.4.1 Overview

When a JPO trial or appeal processes have been finalized, and a decision has been delivered, a demandant or demandee may file an action to revoke certain trial or appeal decisions, including:

  • an ex parte appeal decision to refuse to grant a patent;
  • a decision to revoke a patent in an ex parte opposition;
  • a trial decision in an inter partes trial for invalidation; and
  • an ex parte decision to refuse to grant a correction.

Each of these revocation actions falls under the exclusive jurisdiction of the Tokyo High Court and is handled by the IP High Court.142 If the court finds that a JPO decision is incorrect, the decision will be overturned, and the case will be remitted to the JPO. For example, if the IP High Court decides to overturn a decision by the TAD to affirm an examiner’s decision of refusal, it may only set aside the TAD decision and remit it to the JPO. The IP High Court does not have the authority to grant a patent. A person who is dissatisfied with a judgment of the IP High Court may file a final appeal with the Supreme Court.143