Patent Act Article 155: Withdrawal of Request for Trial
The trial is terminatedby the withdrawal of a request for trial (withdrawal is also possible while a pre-trial examination is ongoing). For this reason, even if the chief trial examiner determines that there are grounds for invalidation, the Japan Patent Office cannot unilaterally continue the trial. Furthermore, a request for trial can be withdrawn until the trial decision becomes final and binding, so it is possible to withdraw even during the period when a lawsuit against the trial decision is pending. When a request for a trial for patent invalidation is filed for each claim, the request can be withdrawn for each claim. On the other hand, when a request for a trial for correction is filed for each claim, the request cannot be withdrawn for each claim (Article 155, Paragraph 4).
What requires special attention here is the case of settling with the opposing party and withdrawing the request for trial during a lawsuit against an invalidation trial decision. In this case,
the request for trial must be withdrawn first. If you mistakenly withdraw the lawsuit against the trial decision first, the invalidation trial decision will become final and binding.
・Patent Act Article 155
(Withdrawal of Request for Trial)
Article 155: A request for trial may be withdrawn until the trial decision becomes final and binding.
(2) A request for trial may not be withdrawn after the submission of a written answer under Article 134, Paragraph 1, without the consent of the adverse party.
(3) When a request for a trial for patent invalidation is filed for two or more claims of a patent involving two or more claims, the request may be withdrawn for each claim.
(4) When a request for a trial for correction is filed for each claim or for each group of claims, the withdrawal of the request must be made for all of those claims.
●Past Articles (Before Revision)
・(~'22/02/03) Patent Act Article 155: Withdrawal of Request for Trial
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