Ways For Challenging Patent Rights In Japan: Comparisons Between Invalidation Trial And Post-Grant Opposition System

Introduction

Under the Japanese patent practice, invalidation trial and post-grant opposition system are two ways to challenge patents granted by the JPO. An opposition is an ex parte proceeding, and therefore, it is a "re-examination" by the JPO, whereas an invalidation trial is an inter partes proceeding before the JPO to determine whether a patent should be invalidated. Senior JPO Examiners handle both invalidation trials and oppositions. This article outlines each system and provides detailed comparisons between these systems.

To begin with, the following comparative chart illustrates the nuts and bolts between a post-grant opposition system and an invalidation trial. Detailed information will be explained in each part of the article.