Patent Act Article 16: Ratification in Cases of Lack of Procedural Capacity
(This article has been revised. Please refer to the bottom of this article for past versions.)
There is a concept known as a person with limited capacity (person with limited capacity), which refers to someone who cannot make judgments based on their own will or who cannot perform legal acts (Civil Code Article 20). Persons with limited capacity under the Civil Code include minors, adult wards, and persons under curatorship.
Article 16 of the Patent Act is intended to apply the provisions of the Civil Code regarding persons with limited capacity to the Patent Act.
If a minor or an adult ward performs a procedure, their statutory agent or others may ratify it (Patent Act Article 16, Paragraph 1). Once ratified, the procedure becomes effective retroactively to the time it was performed by the minor, unauthorized agent, etc. Ratification cannot be performed for only a portion of the procedure (ratifying only the parts favorable to oneself is not permitted). Although there is no express provision regarding the timing of ratification, ratification cannot be performed after a dismissal disposition (Patent Act Article 18, Article 133) has become final and binding.
If a procedure is performed by a person without authority of agency, the statutory agent or others may ratify it (Patent Act Article 16, Paragraph 2).
A procedure performed by a person under curatorship without the consent of their curator may be ratified by the person under curatorship with the consent of their curator (Patent Act Article 16, Paragraph 3).
A procedure performed by a statutory agent without the consent of a supervisor of the guardianship may be ratified by the statutory agent with the consent of the supervisor of the guardianship, or by the principal who has acquired the capacity to perform the procedure (Patent Act Article 16, Paragraph 4). The key point is that while a supervisor of the guardianship has the right to consent, they do not have the right to ratify.
・Patent Act Article 16: Ratification in Cases of Lack of Procedural Capacity
(Ratification in Cases of Lack of Procedural Capacity)
Article 16 (1) A procedure performed by a minor (excluding a person who can perform legal acts independently) or an adult ward may be ratified by their statutory agent (or by the principal once they have acquired the capacity to perform the procedure).
2 A procedure performed by a person without authority of agency may be ratified by the principal who has the capacity to perform the procedure or by their statutory agent.
3 A procedure performed by a person under curatorship without the consent of their curator may be ratified by the person under curatorship with the consent of their curator.
4 In cases where there is a supervisor of the guardianship, a procedure performed by a statutory agent without their consent may be ratified by the statutory agent with the consent of the supervisor of the guardianship, or by the principal who has acquired the capacity to perform the procedure.
●Past Articles
・Patent Act Article 16: Ratification
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