In accordance with the revision of the Patent Act and other legislation in 2021. it has been possible since October 2021 for the parties. etc. to take procedures on the date of oral proceedings without appearing in the trial court. by "the way which enables us call through sending and receiving images and voice. while mutually recognizing the others' state" (hereinafter. referred to as "Online").

  Anyone (the parties concerned. attorneys. etc.) who meets requirements of persons appearing in the trial court for the oral proceedings may be involved in the procedures on the date of the oral proceedings via a web conference system etc.. upon approval of the Chief Administrative Judge (Paragraphs 6 and 7 in Article 145 of the Patent Act).

  The detailed operations of the Online oral proceedings for trials are explained as follows.

1. Who Can Appear Online?
(1) Requirements of persons who can appear Online are the same as the requirements of persons appearing in the trial court. Persons who can appear Online are any party concerned. any participant. any attorney. any patent attorney who have brought a power of attorney. and any employee of the party (who approved by the Chief Administrative Judge). etc.
(2) The Online appearance is considered as the appearance in the trial court based on the Patent Act (Japanese law) that has no jurisdiction over any act outside Japan. Therefore. the location of call recipient for the Online appearance is limited to in Japan.
  On the other hand. Online streaming (see "4" below) to overseas destination can be made. only to persons related to the parties concerned.

2. Procedural Flow of Online Appearance
(1) Anyone who desires to appear Online should submit via e-mail to the trial clerk "a petition for Online appearance" including information such as "name. position. location of the call recipient. telephone number. e-mail address. etc." together with the response to the date adjustment.
(2) The date of oral proceedings is determined.
(3) The date and time for the "prior confirmation of ministerial ordinance requirements etc." (hereinafter. referred to as "Prior Confirmation") are adjusted with the person who requested the Online. The Prior Confirmation is made 1-2 weeks before the day.
(4) The Chief Administrative Judge etc. confirms in the Prior Confirmation the communication facilities. the location of the call recipient. extra communication means. etc. of the person who requested the Online. If the Chief Administrative Judge has approved that the person satisfies the requirements. the Online appearance is available.
(5) On the day of oral proceeding. at the time specified by the trial clerk. the person approved to appear the Online (hereinafter. referred to as "person appearing Online") accesses the conference URL received in advance. Note that the access must be from the communication facility and the location that was confirmed in the Prior Confirmation. and any connection from any other communication facilities or location is prohibited.
(6) Upon entry to the web conference on the day of oral proceedings. the trial clerk etc. confirms the identification document etc. of the person appearing Online and the location of the call recipient (confirmation of no involvement of any third party by showing the surrounding area with a camera). etc.

3. On the Day of Oral Proceedings (Before the Trial Court Opens)
(1) The person appearing Online connects to the web conference before the time previously specified by the trial clerk. and waits in the lobby. The person enters the web conference as a guest user. If the person has not waited in the lobby of the web conference by said time. the Online appearance may be discontinued.
(2) Identity verification of the person appearing Online is conducted Online before the oral proceedings opens. while making sure that the voice and image cannot be revealed to anyone other than those of the Japanese Patent Office. In the identity verification. the person appearing Online states the name. the position. the location of the call recipient. etc. and whether such statement matches with the information previously petitioned is confirmed.
(3) Since the person appearing Online is required to show his/her identification (if possible. with photo) on a camera of PC. etc.. the person needs to have the identification at hand. As for patent attorneys and attorneys at law. it is also possible to show their badge on a camera. instead of the identification.
(4) The person appearing Online is instructed to show the surrounding area of the location of the call recipient on a camera of PC etc. in order to confirm that the location is not a place where any third party is involved or any noise is generated. No one can attend the Online without the approval of the Chief Administrative Judge.

4. Online Streaming Limited to Persons Related to the Parties Concerned
(1) For persons related to parties concerned in a case (trial petitioner. defendant. participant. etc.). the oral proceedings may be distributed Online to the outside of the trial court. under certain conditions based on the permission of the Chief Administrative Judge (Article 54 of Regulations for Enforcement of the Patent Act) and subject to the consent of the all parties.
(2) Online streaming is not limited to Japan but streaming to overseas is also possible.
(3) Persons related to the parties concerned are. for example. employees of the party concerned (corporation). employees of an affiliated company of the party concerned (corporation). and employees of a Japanese subsidiary of the party concerned (foreign corporation).
(4) In the event of the Online streaming. the party concerned who desires the Online streaming should submit via e-mail to the trial clerk "a petition for the Online streaming" (separate document) including information such as "name and position of the persons who desire to receive the Online streaming. the location of streaming destination. telephone number available on the date. e-mail address. the relation to the party. etc."
(5) The Chief Administrative Judge determines whether to allow the Online streaming based on the information provided. and the trial clerk informs the result to the parties concerned etc.
(6) The persons who receive the Online streaming cannot make any comments during the oral proceedings. unlike the person appearing Online.
(7) If the prohibition of recording. identity verification. inability to make comments. etc. are not complied with. the Chief Administrative Judge may discontinue the streaming.
(8) Even though a communication failure occurs during the Online streaming. the oral proceedings continue since there is no influence on the oral proceedings.

5. Points to Note When Online Oral Proceedings are Conducted
(1) Regarding the communication facilities etc.
  As the web conference system. either Microsoft Teams or Cisco Webex Meetings is used.

  From the viewpoint of system constraints and directions of the oral proceedings. the number of people and the locations of communication may be limited.
It is not allowed to change the background image of the person appearing Online (like blurring the background).

(2) Regarding the Online appearance
  It is not allowed to appear only with image (microphone off) or only with audio (camera off); however. upon approval of the Chief Administrative Judge. appearing temporarily only with image (microphone off) may be allowed.

  In the event that the original or actual evidence is required to be confirmed. appearing at the trial court is required (appearance of a part of the parties concerned may be accepted).

(3) Prohibition of recording etc.
  It is not allowed to take any photography. record any sound or image. or make any streaming. etc. without prior permission of the Chief Administrative Judge (Article 54 of Regulations for Enforcement of the Patent Act).

  In the event that the proceedings are disturbed by any act of interference etc.. the Chief Administrative Judge may block the communication of such a person.

(4) In case of including any trade secret
  When the oral proceedings are held privately. the Chief Administrative Judge determines whether the Online appearance is acceptable or not in consideration with opinions of both parties concerned.

(5) Examination of a witness
  In principle. a witness shall appear in the trial court or in a circuit trial to be examined. However. a witness may be examined Online at the discretion of the Chief Administrative Judge (Paragraphs 6 and 7 of Article 145 of the Patent Act and Article 204 of Code of Civil Procedure. which are applied mutatis mutandis to Article 151 of the Patent Act).