In May 2014, a revision of the Japanese patent law established a system for patent appeal in addition to the already available invalidity system that has no time limit. The deadline for requesting such an appeal is 6 months from the grant of the patent, so this system allows fast security of the patent right on the one side and on the other side it also keeps the burden for users of the system low. Together with new system the appeal for patent invalidity that earlier everyone had been able to request, will be limited to parties with interest in the certain case. It is not yet decided when the new system will be used, but as soon as there is an announce form the JPO we will let you know.
This patent appeal system can be used by anyone that would like the patent right to be canceled, as long as the request is filed within 6 months from the issue date of the patent publication. The patent appeal system is a trial based on documents only, so the burden of the person that requested cancellation is low.
If a patent is about to be cancelled, the patent owner has the chance to submit their opinion. Also if the patent owner requests an amendment of the claims, the person that requested cancellation has to chance to submit their opinion. However, they do not have to submit new proof. If the patent is decided to be maintained, there is no possibility to file an objection, it is only possible to request a trial because of invalidity.
The table below explains the systems for cancellation of patent rights in Japan, Korea and China. (For Japan the revised system)
Systems for patent cancellation in Japan, Korea and China
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Information sharing system
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Patent appeal system
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Patent invalidity system
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Japan
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Available
Everyone can use it, pseudonym is possible
Can be submitted every time after filing
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Available
Everyone can use it within 6 months from the publication issue date of the patent
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Available
Only parties with interest can use it
Can be used every time after grant
(Also after cancellation of the patent
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|
Korea
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Available
Everyone can use it, pseudonym is possible
Can be submitted every time after publication
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Available
Everyone can use it within 3 months from the publication issue date of the patent
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Available
Everyone can use it within 3 months from the registration date
After that only parties with interest and examiners can use it
(Also after cancellation of the patent）
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|
China
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Available
Everyone can use it, pseudonym is possible
Can be submitted every time after publication until grant of the patent
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Not available
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Available
Everyone can use it after grant of the patent
(Also after cancellation of the patent
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