Utility Model Act Article 39-2 Withdrawal of Request for Trial
A request for a trial can basically be withdrawn until the trial decision becomes final and binding. Since it is "until the trial decision becomes final and binding," even after a trial decision has been issued, it can be withdrawn until the decision becomes final and binding.
Even before the trial decision becomes final and binding (until it becomes final and binding), once the adverse party has submitted a written answer, the request for a trial cannot be withdrawn without the consent of the adverse party. This is because the adverse party has also been responding in good faith, so it should not be withdrawn arbitrarily.
As an exception, if a notification is received that a patent application based on a utility model registration (Article 46-2 of the Utility Model Act) has been filed, the request for a trial can be withdrawn without the consent of the adverse party, even after the adverse party has submitted a written answer. This is because when a patent application based on a utility model registration (Article 46-2 of the Utility Model Act) is filed, the utility model right will be abandoned (Article 46-2, paragraph 1 of the Utility Model Act; Article 27-6 of the Ordinance for Enforcement of the Patent Act). Since the adverse party has made the decision to abandon the utility model right (a decision that the utility model right will cease to exist in the future), the request for a trial can be withdrawn without the consent of the adverse party (in this case as well, the right is valid until it is abandoned, so it is not necessary to withdraw the request for a trial).
・Utility Model Act Article 39-2
(Withdrawal of Request for Trial)
Article 39-2 A request for a trial may be withdrawn until the trial decision becomes final and binding.
(2) A request for a trial may not be withdrawn after the submission of the written answer set forth in paragraph (1) of the preceding Article, without the consent of the adverse party.
(3) When a requester for a trial receives the notification under the provisions of paragraph (5) of the preceding Article, notwithstanding the provisions of the preceding paragraph, the requester may withdraw the request for a trial only within 30 days from the date of receiving the notification.
(4) The provisions of Article 4 of the Patent Act shall apply mutatis mutandis to the period prescribed in the preceding paragraph. In this case, the term "Commissioner of the Japan Patent Office" in that Article shall be deemed to be replaced with "chief trial examiner."
(5) If a requester for a trial is unable to withdraw the request within the period prescribed in paragraph (3) due to reasons beyond their control, notwithstanding the provisions of that paragraph, the requester may withdraw the request within 14 days (or, in the case of an overseas resident, two months) from the date on which the reasons ceased to exist, and within six months after the expiration of that period.
(6) When a request for a trial for invalidation of a utility model registration is filed for two or more claims pertaining to a utility model registration with two or more claims, the request may be withdrawn for each claim.
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