Comparative Report [1] “Straw Man” out on the street
November 17, 2010
Abolishment of Opposition system
1. Japanese Patent System has no Opposition system
Japan merged Opposition system into the invalidation appeal procedure in 2003. The invalidation appeal is an Interparte procedure before Japan Patent Office, which is not allowed to file by “Straw Man”or on an anonymous basis.
2. Current situation in major foreign systems
(1) EPO
Straw man is allowed to request the opposition procedure before EPO (G 3/97).
(2) USPTO
Straw man is allowed to request the ex parte reexamination which can work as the opposition procedure (35 USC Section 302).
3. WIPO SCP
WIPO Standing Committee of Law of Patents (SCP) adopted “Quality of patents, including opposition systems” as the issue of Future work on Oct. 15, 2010.
4. Practice guideline
“Straw Man” is not available for invalidating a grated Japanese Patent. However, Japan Patent Office provides “Submission of Information by Third Parties”even after its grant.
“Submission of Information by Third Parties”
End of topic
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