New Opposition Proceeding In Japan

Opposition proceedings were first introduced in Japan in 1921, as a pre-grant proceeding. In 1994, the proceeding was changed to a post-grant proceeding. The post-grant opposition proceeding was abolished in 2003 because it failed to demonstrate its utility over the invalidation trial, which is similar to the inter partes reexamination in the US.

The pendulum has swung back, however, and opposition proceedings were reintroduced in April this year in Japan. After all, a speedy and low-cost proceeding for solving patent disputes has always been in high demand.

Only patents which issued on or after April 1, 2015 can be the subject of the new opposition proceeding; it is not available for review of patents which issued before that date.