Flow of Procedures in the Intellectual Property High Court of Suits against
Appeal/Trial Decision made by the JPO (Patent/Utility Model).
1. Designation of the first Date for Preparatory Proceedings
When the designated date was notified by the Court, please send the confirmation of thedate to the Court immediately by fax.
2. The following documents are required to be submitted to the Court for the first dateof preparatory proceedings(please strictly observe the deadline for submission).
Plaintiff
By the deadline specified in the written
inquiry (about four weeks after filing thecomplaint):
Basic documentary evidence and its
description
No later than 10 days before the designateddate of preparatory proceedings (thedeadline for submission may be specified
separately):
A brief that states grounds for rescission ofthe decision
Evidence other than basic documentary
evidence and its description

Defendant
Immediately after the service of thecomplaint:
Written answer

3. The first date for Preparatory Proceedings
On the first date for preparatory proceeding, points at issue shall be clarified and theschedule for the proceedings thereafter shall be coordinated (including the due dates ofdefendant’s rebuttal and plaintiff’s re-rebuttal as well as whether to schedule an
explanatory session).
4. Preparation for the Second Date for Preparatory Proceedings
Plaintiff
Defendant
By the deadline for submitting a brief for By the deadline set by the Court in there-rebuttal when set by the Court:
first date of preparatory proceedings:
A brief for re-rebuttal
A brief for rebuttal
Evidence and its description- 1 -5. The Second Date for Preparatory Proceedings
The clarification of points at issue and submission of evidence shall be substantiallycompleted on this date. The Court shall conclude the preparatory proceedings and give a
notice of the scheduled date for the oral argument,（See 7.infra）.
The third date for preparatory proceedings may be designated as necessary.
An explanatory session may be held on the second or third date for preparatory
proceedings or the first date for oral argument. Technical advisors attend the session ingeneral（See 6.infra）.
6. Preparation for Explanatory Session
Plaintiff
Defendant
By the deadline for submission set by By the deadline for submission set by
the Court:
the Court:
Copies of the submitted briefs andCopies of the submitted briefs anddocumentary evidence for thedocumentary evidence for thetechnical advisors
technical advisors
Materials used in the explanatory
Material used in the explanatory
session (submitted as documentary
session (submitted as documentaryevidence)
evidence)
7. First Date for Oral Argument
On the first date for oral argument, the outcome of examination of the preparatory
proceedings shall be stated. The parties may be requested to present five-minuteexplanation of the points in dispute.
8. Rendition of Judgment
The parties are not required to appear in the courtroom on the date for rendition ofjudgment.
The parties may receive the service of an authenticated copy of the judgment document
after its rendition at the office of the court clerk who administers the case. Service by postal
mail is also possible.
Note:
The aforementioned is a typical case for a suit against appeal/trial decision made by theJPO in the IP High Court (patent/utility model). The flow of proceedings may differ
depending on the individual case.

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