Proceedings of Suits against Appeal/Trial Decision made by the JPO(For Patent/Utility Model)
The Intellectual Property High Court would like to request the parties to make necessary
preparations described below in order to enable effective and planned progress of a suit against
appeal/trial decision made by the JPO on a patent/utility model. We appreciate yourunderstanding and cooperation regarding this matter.
Guidelines for Proceedings of Suits against
Appeal/Trial Decision made by the JPO
The Intellectual Property High Court would like to request the parties to make preparationsdescribed below in order to proceed suits in accordance with the Flow of Procedures of Suitsagainst Appeal/Trial Decision made by the JPO (Patent/Utility Model).
1. Designation of the first date for preparatory proceedings
The Intellectual Property High Court (hereinafter referred to as "the Court”) shall designate
the first date for preparatory proceedings prior to the first date for oral argument. The Court
will send a written inquiry to both parties prior to the designation. Please respond to theinquiry by indicating your opinions for referring your case to preparatory proceedings andcandidate dates for the proceedings.
2. Preparations by the parties before the first date for preparatory proceedings(1) Submission of the first brief and evidence by the Plaintiff
A. Submission of basic documentary evidence
The Plaintiff should submit basic documentary evidence within about four weeks fromthe filing of the complaint (the specific date is indicated in the above-mentioned inquiry)along with the description of evidence. Regarding the manner of offering documentary
evidence and the type of basic documentary evidence, please refer to “Submission ofDocumentary Evidence/Evidence in Electromagnetic Data” in the “Guidelines andFormats for Proceedings of Suits against Appeal/Trial Decision made by the JPO.”- 1 -B. Submission of the first brief and evidence other than basic documentary evidence
a. The Plaintiff should submit the first brief no later than ten days before the first date forpreparatory proceedings except in cases when the Court designates a specificsubmission date.
In this first brief, the plaintiff should state concrete statements of admission and/ordenial in the appeal/trial decision and state the grounds for rescission of the decision.
All grounds for rescission should be stated in this first brief.
b. All evidence other than basic documentary evidence should be submitted by this point
in time. The description of evidence should also be submitted at the same time.
(2) Submission of a written answer by the Defendant
When the Defendant receives a complaint, the Defendant should promptly submit awritten answer that includes statements of the answers to the objects of the claim
described in the complaint, and admission and/or denial of each of the fact described inthe statements of the claims.
3. The first date for preparatory proceedings
On the first date for preparatory proceedings, points at issue shall be clarified, and theschedule for the proceeding shall be coordinated considering the deadlines of theDefendant’s brief for rebuttal and the Plaintiff’s brief for re-rebuttal, as well as whether toschedule an explanatory session.
4. Preparations by the parties before the second date for preparatory proceedings(1) Submission of a brief and evidence by the Defendant
A. The Defendant should submit a brief describing rebuttal to the Plaintiff's allegation of thegrounds for rescission by the deadline set by the Court on the first date for preparatory
proceedings (approximately within one month from the first date for preparatory
proceedings). All the Defendant’s arguments should be stated in this brief.
B. All necessary evidence should be submitted at this point in time. The description ofevidence should also be submitted at the same time.

- 2 -(2) Submission of the second brief by the Plaintiff
A. Upon receipt of the Defendant’s brief referred to above, the Plaintiff should submit thesecond brief if there is any re-rebuttal or matter to supplement the argument by thedeadline set by the Court on the first date for preparatory proceedings (approximatelywithin one month from the date specified in (1) A. above).
B. Any additional or supplemental evidence in connection with the above should besubmitted with the description of evidence.
5. The second date for preparatory proceedings
The second date for preparatory proceedings, which was designated on the first date forpreparatory proceedings, is about one to two weeks from the deadline of submission of thesecond brief by the Plaintiff as stipulated in 4 (2) above.
(1) Clarification of the points at issue and submission of evidence shall be substantiallycompleted on this date. However, the Court may designate the third date for preparatory
proceedings (and more) to continue allegations and submission of evidence asnecessary.
(2) Upon substantial completion of the clarification of points at issue and submission ofevidence, the Court shall conclude preparatory proceedings and give a notice of thescheduled date for oral argument, in which the outcome of preparatory proceedings shallbe stated. (See 7. infra)(3) Explanatory session may be conducted on the second or third date for preparatory
proceedings, or on the first date for oral argument. (See 6. infra)
6. Explanatory session(1) Explanatory session may be conducted on the second or third date for preparatory
proceedings, or on the first date for oral argument. Technical advisors attend the session
in general.
(2) Please prepare the following materials for explanatory session:
A. Copies of the submitted briefs and documentary evidence for the technical advisors
when involved; andB. Materials to be used in the explanatory session (submit them as documentary evidence)- 3 -7. Oral argument
Oral argument will be conducted in the courtroom on the designated date. In oral argument,
the outcome of preparatory proceedings shall be stated. The Court may request both parties
to present five-minute explanation of the points in dispute. Thereafter, the argument shall beconcluded and the date for rendition of judgment shall be designated.
8. Rendition of judgment(1) Judgment shall be rendered on the designated date in the courtroom. The parties are notrequired to appear in the courtroom on the date for rendition of judgment.
(2) 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 available.
In principle, suits against appeal/trial decision made by the JPO progress by the abovementioned proceedings. However, the flow of procedures may differ considering thecircumstances of individual cases.
Please describe the outline of the arguments in the opening part of the brief under the title “Gistof the Plaintiff’s Arguments (grounds for rescission)” or “Gist of the Defendant’s Rebuttals” if thebrief becomes voluminous (for example, more than 20 pages).
Please consult with the court if there are any individual circumstances which need to be taken
into account.

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