This is the 14th part of our seminar “Intellectual Property in Japan (Patent right)”.
“The Story of Rights, The Story of Money (Trial and Litigation 2)” will be explained in an easy-to-understand manner with slides.
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As a strategy of patent dispute, one party can request a Trial for Patent Invalidation.
This is an aspect of “Right”.
In real patent dispute, you can also see an aspect of “Money” (monetary claim).
How do patent dispute proceed?
As mentioned in the previous part (part 13), in a Trial for Patent Invalidation,
1st instance is a trial in the Japan Patent Office and
2nd instance is a litigation in the Tokyo high court.
This is about “Rights” as shown in lower part of the slide above.
The story of “Money” is different (upper part of the slide above).
To tell the truth, in dispute regarding to “money”, 1st instance is held in a court (district court).
These relationships are summarized in the next slide.
The slide above is the important slide of this part.
It shows the proceedings steps in patent dispute.
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Here is one example.
There is a patent dispute,
a Patent Infringement Litigation and a Trial for Patent Invalidation proceed respectively.
For the validity of the patent, the Japan Patent Office (Administration) is in charge of the 1st instance.
On the other hand,
for the claims for damages, District court (Jurisdiction) is in charge of the 1st instance.
That is, two proceedings run in parallel in patent dispute.
I rewrite the slide.
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Patent dispute have been explained in these 3 parts.
I would feel amply rewarded for my efforts if these parts proved helpful to you.
I’d like to wrap up with a summary of this part.
Proceedings in a court for monetary claim and Proceedings in the Japan Patent Office for right validity often run in parallel.
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That concludes our seminar on the Patent system in Japan.
In the final part, I would like to talk about international relationships.
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That’s all for Part 14 (Trial and Litigation).
IPdash Tokyo Intellectual Property Firm (Japan)
(To Part 13) (To Part 15)
(To List)
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