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ARTICLE · 16 MARCH 2021

Nullity Action Fact Sheet: Typical Schedule

Sonoda & Kobayashi Intellectual Property Law
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This is the Demandant's detailed written allegations listing the reasons for invalidation of the patent in question.

JapanIntellectual Property

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1. This is the Demandant's detailed written allegations listing the reasons for invalidation of the patent in question. The Demandant must identify itself (e.g., no strawman allowed). Following the filing of the Demand for Trial ("Demand") with the JPO, the JPO checks to ensure that all requisite documents have been properly submitted, and a Board of Appeals consisting of 3 appellate examiners is appointed to hear the case. Clerical errors can cause delay in the delivery of the Demand, as the JPO will typically issue a demand for correction of clerical errors where errors are found, and the Demand will not be delivered until all identified errors are corrected.

2. The JPO delivers a copy of the Demand to the Demandee (the patentee) and requests that the Demandee file an Answer to the allegations contained within the Demand. The Demandee may also submit claim amendments within the time limit for filing the Answer.

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