1. Patent opposition system will be restored
From April 1, 2015, an opposition against a patent can be lodged, as it used to be. A patent whose publication will be issued after April 1, 2015 is subject to this patent opposition system.

(1) Opponent
Any person/party may raise an opposition.
With the introduction of the patent opposition system, only an interested person/party will be allowed to request a trial for invalidation of patent.

(2) Time period for lodging patent opposition
A patent opposition should be lodged within six months from the issue date of the patent publication.

(3) Reasons for patent opposition
Reasons for patent opposition are limited to lack of novelty, lack of inventive step, violation of description requirements, addition of new matter in amendment or the like. A usurped application and a violation of joint application are not regarded as reasons for opposition. If a patent validity is to be contested on the grounds of usurped application, violation of joint application or the like, a trial for invalidation of patent should be requested.
The opposition may be separately raised for each claim.

(4) Structure of trial examination for patent opposition
A documentary trial examination will be conducted by a Board of the Trial Examiners, different from the Examiner who has rendered a decision of patent grant, and no oral trial examination will be held. In the trial examination, if the Board of the Trial Examiners determines that there is a reason for revocation of patent, a notice of reasons for revocation will be issued. In response to this notice, a patentee may submit an opinion brief or correct (amend) the claims, and when a correction (amendment) is made, an opponent may submit an opinion brief. On the other hand, when the Board of the Trial Examiners determines that no reason for revocation exits, a decision of maintenance of patent will be issued. The Board of the Trial Examiners may determine that one/some of the claims has/have a reason for revocation while the remainder does not.

(5) Appeal
Only against the decision of revocation, a suit can be brought to the Intellectual Property High Court. For the decision of maintenance of patent, no appeal can be made, but a request for an invalidation trial may be filed on the same grounds.

2. Japan acceding to the Geneva Act of the Hague Agreement
Japan will accede to the Geneva Act. This comes into effect as of May 13, 2015. With this accession, the revised Japanese Design Act will come into force on the effective date of the Geneva Act.
After Japan accedes to the Geneva Act, an international application designating Japan will be deemed as a Japanese application for a design registration filed on the date of international registration, and treated as a regular domestic application.

However, attention should be paid to an international application containing two or more designs: a single application with multiple designs will be deemed as a plurality of applications in accordance with the number of designs contained, and each design will be separately examined as a single application.

Should you have questions, please do not hesitate to contact our firm.