The 2014 revision of the Japanese Patent Act created an Opposition System to provide a simpler procedure for third parties to challenge patent validity and amended the scope of the existing Invalidation Trial System. This article provides an overview of the new Opposition System and explores the changes made to the Invalidation Trial System.

CONVENTIONAL METHOD FOR CHALLENGING PATENT VALIDITY -

Before the 2014 revision, Invalidation Trials provided the only means to challenge patent validity. Because Invalidation Trials could be requested by anyone at any time before the 2014 revision, issued patents remained in a prolonged state of validity limbo. Once Invalidation Trials began, the trials tended to place a heavy burden on the patentee and validity challenger by requiring the parties to present their case through oral proceedings.