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Statistical Data Related to Patents (October 2023) (English Translation)
2023.11.02
Introduction
*This is a translation of an article first published on our website in October 2023. The original Japanese version can be found here. In the case an English translation of an external Japanese website that is cited in our original article is found, the English version is cited in this article.
In the event that you become involved in patent disputes or consider utilizing procedures such as trials for invalidation, patent oppositions or hantei (advisory opinions), it is helpful to keep in mind statistical trends, such as how much time it takes to go through the procedures and what decisions are frequently made. In order to make it easier to understand the statistical information considered useful, we regularly summarize the statistical data related to patents and the source of such information. This article is an updated version of such statistical data based on information published as of October 2023.
We have also included statistical data regarding which the subject thereof is not only patents but intellectual property rights as a whole, which we also believe are useful. For example, the “Number of Intellectual Property Appeal Cases Commenced and Disposed, and Average Time Intervals from Commencement to Disposition (Courts of First Instance: All District Courts)” in Section II. A. 1. below sets forth statistical data regarding “intellectual property appeal cases” which are not limited to patent suits; on the other hand, “Number of Patent Suits Commenced at District Courts” in the same section sets forth statistical data regarding “Patent Suits” which fall under ordinary civil procedures.
Patent Infringement Suits
A. District Courts
1. Number of Cases and Average Time Intervals from Commencement to Disposition
Number of Patent Suits Commenced at District Courts
|
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
Cases |
164 |
182 |
154 |
142 |
158 |
128 |
120 |
152 |
118 |
112 |
“Research Study Report on Designing an Intellectual Property Dispute Settlement System for Effective Rights Protection (March 2020)”(Japanese only)
*The data regarding 2018 and after is based on the following pages of Hoso Jiho (Lawyers Association Journal): Vol. 71, No. 10, Pg. 73; Vol. 72, No. 10, Pg.79; Vol. 73, No. 10, Pg. 81; and Vol. 74, No. 10, Pg. 37.
*The figures above indicate the numbers of patent suits which fall under ordinary civil procedures.
Number of Intellectual Property Appeal Cases Commenced and Disposed, and Average Time Intervals from Commencement to Disposition (Courts of First Instance: All District Courts)
Year |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
Commenced |
552 |
550 |
535 |
505 |
700 |
495 |
511 |
494 |
617 |
557 |
Disposed |
610 |
596 |
535 |
545 |
566 |
532 |
549 |
420 |
524 |
688 |
Average Time Intervals from Commencement to Disposition (months) |
15.7 |
15.1 |
14.1 |
13.3 |
12.3 |
12.3 |
14.9 |
14.6 |
15.2 |
15.2 |
2. Content of Judgments and Settlements
Conclusive Results of Patent Infringement Cases at District Courts
|
Claim Upheld |
Claim Dismissed |
Claim Dismissed without Prejudice, etc. |
Patent Infringement Suits (District Courts) |
2018 |
18 (1) |
25 |
3 (3) |
46 (4) |
2019 |
17 (1) |
26 |
0 |
44 (1) |
2020 |
12 |
18 |
0 |
30 |
2021 |
18 |
26 (1) |
1 |
45 (1) |
2022 |
13 |
28 |
1 (1) |
42 (2) |
**This data has been searched by TMI using the IP Judgments Database on the Courts of Japan Website
*Upheld claims include claims that were partially upheld.
*The numbers of lawsuits seeking confirmation of non-existence of obligations are shown in parentheses.
*According to the table above, the approval rate of patent infringement lawsuits in district courts for the five-year period from 2018 to 2022 is 76 cases / 199 cases = about 38% (calculated excluding lawsuit seeking confirmation of non-existence of obligation). In this regard, “Statistics Regarding Patent Infringement Cases (Tokyo District Court, Osaka District Court: 2014-2022)” compiled by the court shows that the percentage of upholding judgements is 30%. Comparing such data with the above table, it is possible that the number of upholding judgements has been increasing in recent years. However, it should be noted that, unlike the table above, the statistics compiled by the court may include unpublished judgements, and that the counting method for lawsuits seeking confirmation of non-existence of obligations is different.
Conclusive Results of Intellectual Property Appeal Cases at District Courts
|
Total |
Judgments |
Decisions/ |
Settlements |
Revocations |
Others |
|||
Upholding |
Dismissal |
Dismissal without Prejudice |
Other |
|
|
|
|
||
2013 |
610 |
123 |
130 |
17 |
0 |
18 |
233 |
81 |
8 |
2014 |
596 |
108 |
141 |
11 |
0 |
23 |
230 |
71 |
12 |
2015 |
535 |
92 |
108 |
16 |
0 |
20 |
228 |
57 |
14 |
2016 |
545 |
110 |
135 |
7 |
0 |
13 |
198 |
67 |
15 |
2017 |
566 |
102 |
103 |
6 |
0 |
14 |
272 |
66 |
3 |
2018 |
532 |
113 |
103 |
10 |
0 |
16 |
221 |
59 |
10 |
2019 |
549 |
105 |
132 |
3 |
0 |
13 |
181 |
100 |
15 |
2020 |
420 |
75 |
75 |
1 |
0 |
15 |
143 |
99 |
12 |
2021 |
524 |
134 |
110 |
2 |
0 |
13 |
169 |
78 |
18 |
2022 |
688 |
154 |
127 |
3 |
0 |
10 |
288 |
155 |
11 |
“Research Study Report on Designing an Intellectual Property Dispute Settlement System for Effective Rights Protection (March 2020)”(Japanese only)
*The data regarding 2020 and after is based on the following pages of Hoso Jiho: Vol. 72, No. 10, Pg. 80; Vol. 73, No. 10, Pg. 82; and Vol. 74, No. 10, Pg. 38. The data regarding the years up to 2019 basically relies on the above report, but has been updated, as necessary, in accordance with Hoso Jiho.
Content of Settlement of Patent Infringement Cases at District Courts
|
Clauses Concerning Agreement on Injunction and Monetary Benefit Attached |
Only a Clause Concerning Agreement on Injunction Attached |
Only a Clause Concerning Agreement on Monetary Benefit Attached |
No Clause Concerning Agreement on Injunction or Monetary Benefit Attached |
Cases |
76 |
22 |
83 |
45 |
Amounts Approved in Judgments (District Courts, Patent Infringement Cases)
|
1 Yen or More but Less than 1 Million Yen |
1 Million Yen or More but Less than 10 Million Yen |
10 Million Yen or More but Less than 50 Million Yen |
50 Million Yen or More but Less than 100 Million Yen |
100 Million Yen or More |
Cases |
22 |
18 |
34 |
11 |
35 |
“Statistics Regarding Patent Infringement Cases (Tokyo District Court, Osaka District Court: 2014-2022)”
*Amounts related to attendant claims and court costs are not included.
Amounts Agreed to be Paid in Settlements (District Courts, Patent Infringement Cases)
|
1 Yen or More but Less than 1 Million Yen |
1 Million Yen or More but Less than 10 Million Yen |
10 Million Yen or More but Less than 50 Million Yen |
50 Million Yen or More but Less than 100 Million Yen |
100 Million Yen or More |
Cases |
18 |
56 |
38 |
15 |
29 |
“Statistics Regarding Patent Infringement Cases (Tokyo District Court, Osaka District Court: 2014-2022)”
*Amounts related to court costs and settlement costs are not included.
Whether or not Defense of Invalidity is Alleged; Judgment on Defense of Invalidity (District Courts, Patent Infringement Cases)
|
No Defense of Invalidity Alleged |
Defense of Invalidity Alleged; No Judgment on Defense of Invalidity |
Defense of Invalidity Alleged; Judgment to Maintain Validity of Patent |
Defense of Invalidity Alleged; Judgment to Invalidate Patent |
Cases |
186 |
276 |
143 |
146 |
% |
25 |
37 |
19 |
19 |
“Statistics Regarding Patent Infringement Cases (Tokyo District Court, Osaka District Court: 2014-2022)”
*Each figure indicated in the above table presents the number of patent rights claimed in individual cases that were concluded by a final judgment. For example, if two patent rights were claimed in one patent infringement case, the number of patent rights is counted as two. Moreover, whether a defense of invalidity was alleged and how the defense of invalidity regarding each patent right was judged (i.e., a judgment on whether to maintain the validity of the patent or to invalidate the patent) are also indicated.
*According to “The Current State of Trials and Appeals in Japan” as of October 22, 2021, in the cases where a patent became subject to a patent infringement suit and a trial for invalidation at the same time and where a judgment on whether to maintain the validity of the patent or to invalidate the patent was made for both of the procedures, the rate of concordance between the decision made in the trial for invalidation and the district court ruling (defense of invalidity) was 75% (maintenance of validity: 53%; invalidation: 22%). The breakdown of the remaining 25% regarding which there was no concordance in the decisions was as follows: (i) cases where the Japan Patent Office (JPO) made a judgment to maintain the validity of the patent and a district court made a judgment to invalidate the patent made up 21%; and (ii) cases where the JPO made a judgment to invalidate the patent and a district court made a judgment to maintain the validity of the patent made up 4%.
B. High Court
1. Number of Cases and Average Time Intervals from Commencement to Disposition
Number of Patent Suits Commenced at High Court
|
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
Cases |
61 |
71 |
68 |
62 |
67 |
49 |
44 |
38 |
47 |
56 |
“Research Study Report on Designing an Intellectual Property Dispute Settlement System for Effective Rights Protection (March 2020)”(Japanese only)
*The data regarding 2018 and after is based on the following pages of Hoso Jiho: Vol. 71, No. 10, Pg. 77; Vol. 72, No.10, Pg. 83; Vol. 73, No. 10, Pg. 85; and Vol. 74, No. 10, Pg. 41.
Number of Intellectual Property Appeal Cases Commenced and Disposed, and Average Time Intervals from Commencement to Disposition (Court of Second Instance: Intellectual Property High Court)
Year |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
Commenced |
114 |
138 |
137 |
118 |
105 |
92 |
85 |
69 |
103 |
126 |
Disposed |
99 |
111 |
162 |
129 |
115 |
85 |
88 |
65 |
86 |
122 |
Average Time Intervals from Commencement to Disposition (months) |
6.7 |
7.1 |
7.8 |
8.3 |
7.3 |
7.7 |
7.0 |
9.0 |
7.0 |
9.2 |
2. Content of Judgments and Settlements
Conclusive Results of Patent Infringement Cases at Intellectual Property (IP) High Court
|
Overruling of Original Judgment |
Dismissal |
Dismissal without Prejudice |
Patent Infringement Suits (IP High Court) |
2018 |
10 (1) |
33 (1) |
0 |
42 (2) |
2019 |
5 |
21 (2) |
0 |
26 (2) |
2020 |
8 |
20 |
0 |
28 |
2021 |
6 |
19 (1) |
0 |
25 (1) |
2022 |
11 |
31 (1) |
1 |
43 |
*This data has been searched and organized by TMI using the IP Judgments Database on the IP High Court of Japan Website
*Overruling of original judgment includes cases that were partially overruled.
*The numbers of lawsuits seeking confirmation of non-existence of obligations are shown in parentheses.
*According to the table above, the rate of IP High Court overruling original judgments for the five-year period from 2018 to 2022 is 39 cases / 159 cases = about 25% (calculated excluding lawsuit seeking confirmation of non-existence of obligation).
Conclusive Results of Intellectual Property Appeal Cases at High Court
|
Total |
Judgments |
Decisions/ |
Settlements |
Revocations |
Others |
|||
Rescission and Decision by Final Appellate Court |
Dismissal |
Dismissal without Prejudice |
Other |
||||||
2013 |
134 |
17 |
84 |
0 |
2 |
5 |
19 |
5 |
2 |
2014 |
149 |
27 |
74 |
0 |
0 |
4 |
32 |
11 |
1 |
2015 |
193 |
20 |
101 |
0 |
1 |
4 |
41 |
20 |
6 |
2016 |
151 |
24 |
92 |
0 |
0 |
3 |
28 |
4 |
0 |
2017 |
142 |
15 |
85 |
0 |
1 |
3 |
30 |
8 |
0 |
2018 |
108 |
22 |
63 |
0 |
5 |
2 |
11 |
4 |
1 |
2019 |
138 |
22 |
91 |
0 |
0 |
0 |
12 |
12 |
1 |
2020 |
87 |
14 |
48 |
2 |
1 |
4 |
15 |
2 |
1 |
2021 |
103 |
21 |
51 |
0 |
0 |
2 |
18 |
5 |
6 |
2022 |
153 |
28 |
74 |
1 |
2 |
1 |
28 |
8 |
11 |
“Research Study Report on Designing an Intellectual Property Dispute Settlement System for Effective Rights Protection (March 2020)”(Japanese only)
*The data regarding 2020 and after is based on the following pages of Hoso Jiho: Vol. 72, No. 10, Pg. 84; Vol. 73, No. 10, Pg. 86; and Vol. 74, No. 10, Pg. 42. The data regarding the years up to 2019 basically relies on the above report, but has been updated, as necessary, in accordance with Hoso Jiho.
C. Supreme Court
Year |
Total of Final Appeals and/or Petitions for Acceptance of Final Appeal Filed |
Final Appeals |
Petitions for Acceptance of Final Appeal |
||||||||
Cases |
Results |
Cases |
Results |
||||||||
Dismissal |
Dismissal without Prejudice |
Other |
Rejection |
Dismissal |
Reversal and Decision by Final Appellate Court |
Reversal and Remand |
Other |
||||
2013 |
15 |
7 |
7 |
NA |
NA |
15 |
13 |
NA |
NA |
NA |
2 |
2014 |
17 |
9 |
8 |
NA |
1 |
17 |
16 |
NA |
NA |
NA |
1 |
2015 |
25 |
17 |
17 |
NA |
NA |
25 |
23 |
1 |
NA |
NA |
1 |
2016 |
16 |
6 |
6 |
NA |
NA |
16 |
15 |
1 |
NA |
NA |
NA |
2017 |
30 |
25 |
25 |
NA |
NA |
28 |
28 |
NA |
NA |
NA |
NA |
2018 |
26 |
12 |
12 |
NA |
NA |
26 |
24 |
NA |
1 |
NA |
1 |
2019 |
14 |
8 |
8 |
NA |
NA |
13 |
13 |
NA |
NA |
NA |
NA |
2020 |
13 |
4 |
3 |
NA |
1 |
12 |
11 |
NA |
NA |
NA |
1 |
2021 |
13 |
7 |
5 |
NA |
2 |
13 |
11 |
NA |
NA |
NA |
2 |
2022 |
19 |
8 |
7 |
NA |
1 |
19 |
17 |
NA |
NA |
NA |
2 |
*This data has been searched and organized by using the IP Judgments Database on the IP High Court of Japan Website by selecting “Appeal Case Seeking Injunction against Patent Infringement” under “Type of Litigation”, “Patent” under “Type of Right”, and “Final Appeal Filed” or “Petition for Acceptance of Final Appeal Filed” or “Final Appeal/Petition for Acceptance of Final Appeal Filed” under “Whether a Final Appeal was Filed” on the search screen. The years in the above table indicate the years in which judgments were made by the IP High Court for the cases in which a final appeal or petition for acceptance of final appeal was filed.
*“NA” in the above table means that no data regarding final appeal or petition for acceptance of final appeal were found on the IP Judgments Database.
Trials for Invalidation of Patents, Patent Oppositions and Hantei (Advisory Opinions)
Unless specified otherwise, the tables set forth in this paragraph and below (“III. Trials for Invalidation of Patents, Patent Oppositions and Hantei (Advisory Opinions),” “IV. Trials Against Examiner's Decision for Refusal of Patent and Trials for Correction” and “V. Suits against Trial Decisions made by JPO”) were created by organizing the data set forth in the “Japan Patent Office Annual Report 2023” (Japanese only)
The time intervals from commencement to disposition as set forth in each of the tables in this paragraph and below are annual averages based on a calendar year, counting from the date of request for a trial (*1) to the date of dispatch of the trial decision (*2), fixed date of revocation or waiver, or date of dispatch of such decision.
*1: In the event of filing an opposition, such date shall be the date of filing of such opposition. In the event of the examiner conducting reexamination before a trial against the examiner’s decision for refusal of a patent, such date shall be the date on which trials become available (date of transfer of the division in charge).
*2: In the event of a notice of reasons for revocation of a patent (advance notice of the decision) being provided in a petition for patent opposition, such date shall be the date of dispatch of such advance notice. In any cases for which an advance notice of the trial decision is provided in a trial for the invalidation of a patent, such date shall be the date of dispatch of such advance notice.
A. Trials for Invalidation of Patents
1. Average Time Intervals from Commencement to Disposition
|
2019 |
2020 |
2021 |
2022 |
Trials for Invalidation |
12.2 months |
12.5 months |
14.1 months |
13.4 months |
2. Number of Cases and Content of Actions
|
Petitions Filed |
Final Actions by JPO’s Board of Appeals |
||
Claim Upheld (Including Claims Partially Upheld) |
Claim Dismissed (Including Dismissals without Prejudice) |
Revocation/Waiver |
||
2013 |
247 |
43 |
139 |
29 |
2014 |
215 |
37 |
106 |
41 |
2015 |
231 |
39 |
144 |
36 |
2016 |
140 |
56 |
125 |
42 |
2017 |
161 |
35 |
108 |
24 |
2018 |
159 |
19 |
84 |
22 |
2019 |
113 |
26 |
102 |
34 |
2020 |
121 |
28 |
60 |
24 |
2021 |
106 |
17 |
57 |
38 |
2022 |
97 |
16 |
58 |
41 |
*As for trials for invalidation, the figures in the “Revocation/Waiver” section are considered to indicate the number of petitions for trials of invalidation that were revoked.
*According to the “Recent Trends in Trials and Appeals” as of 2020 released by the JPO’s Board of Appeals (Japanese only), among the cases in 2019 (98 cases) regarding which a judgment to maintain the validity of the patent/utility model was made in a trial for invalidation, 35 of them were subject to correction and 63 of them were not.
B. Patent Oppositions
1. Average Time Intervals from Commencement to Disposition
|
2018 |
2019 |
2020 |
2021 |
2022 |
Patent Oppositions |
7.2 months |
7.4 months |
7.4 months |
7.8 months |
8.2 months |
2. Number of Cases and Content of Actions
|
Petitions Filed |
Final Actions by JPO’s Board of Appeals |
||
Revocation (Including Partial Revocation) |
Validity Maintained (Including Dismissals without Prejudice) |
Revocation/Waiver |
||
2015 |
364 (389) |
0 (0) |
5 (5) |
0 (0) |
2016 |
1,214 (1,334) |
55 (59) |
645 (680) |
7 (8) |
2017 |
1,251 (1,371) |
128 (146) |
1,085 (1,182) |
1 (2) |
2018 |
1,075 (1,172) |
150 (165) |
1,006 (1,095) |
4 (5) |
2019 |
1,073 (1,164) |
140 (161) |
896 (971) |
4 (6) |
2020 |
1,029 (1,127) |
139 (166) |
874 (939) |
1(1) |
2021 |
1,260 (1,398) |
104 (114) |
961 (1,044) |
1 (4) |
2022 |
1,322 (1,446) |
95 (109) |
1,178 (1,300) |
2 (3) |
*As for 2015, the figures indicate petitions filed on and after April 1, 2015. The figures outside the parentheses indicate the number of rights and the figures inside the parentheses indicate the number of petitions filed.
*As for petitions for patent oppositions, the figures in the “Revocation/Waiver” section are considered to indicate the number of petitions that were revoked.
*According to the “Recent Trends in Trials and Appeals” as of 2020 released by the JPO’s Board of Appeals (Japanese only), among the petitions filed during the period from April 2015 to December 2019 (3862 cases) regarding which a judgment to maintain the validity of the patent was made in a patent opposition case, 2255 of them were subject to correction and 1607 of them were not.
C. Hantei (Advisory Opinions)
1. Average Time Intervals from Commencement to Disposition
|
2018 |
2019 |
2020 |
2021 |
2022 |
Patents/Utility Models |
6.1 months |
5.8 months |
7.3 months |
9.1 months |
7.9 months |
2. Number of Cases and Content of Actions
|
Within Technical Scope (Petition Upheld) |
Within Technical Scope (Petition Dismissed) |
Outside Technical Scope (Petition Upheld) |
Outside Technical Scope (Petition Dismissed) |
Total |
2013 |
4 |
1 |
4 |
14 |
23 |
2014 |
7 |
3 |
0 |
18 |
28 |
2015 |
9 |
4 |
8 |
13 |
34 |
2016 |
7 |
0 |
4 |
14 |
25 |
2017 |
25 |
1 |
10 |
9 |
45 |
2018 |
2 |
1 |
14 |
8 |
25 |
2019 |
2 |
1 |
2 |
8 |
13 |
2020 |
4 |
1 |
6 |
9 |
20 |
2021 |
10 |
10 |
3 |
1 |
24 |
2022 |
1 |
0 |
11 |
6 |
18 |
*This data has been searched and organized by using “Trial Decision Search” in J-PlatPat by selecting “Inter Partes Trials,” “Requests for Hantei (Advisory Opinion)” and “Patent” under the search conditions and designating the period from January 1 to December 31 of each year as the date of trial decision/judgment.
*The JPO began operating Hantei system for determining standard essentiality in April 2018. However, we have searched “Trial Decision Search” in J-PlatPat by selecting the above search conditions AND entering keywords such as “essential,” “standard essential” and “standard” under the full-text search, there were no hits.
Trials Against Examiner's Decision for Refusal of Patent and Trials for Correction
A. Trials Against Examiner's Decision for Refusal of Patent
1. Average Time Intervals from Commencement to Disposition
|
2018 |
2019 |
2020 |
2021 |
2022 |
Trials Against Examiner's Decision for Refusal |
12.4 months |
12.5 months |
12.2 months |
11.9 months |
11.7 months |
2. Number of Cases and Content of Actions
|
Petitions Filed |
Decisions to Grant Patent Made in Reexamination |
Pretrial Reports |
Final Actions by JPO’s Board of Appeals |
||
Claim Upheld |
Claim Dismissed (Including Dismissal without Prejudice) |
Revocation/ |
||||
2013 |
24,644 |
13,002 |
8,117 |
6,728 |
5,483 |
1,664 |
2014 |
25,709 |
12,507 |
8,878 |
5,591 |
3,613 |
1,351 |
2015 |
21,860 |
11,949 |
7,957 |
6,507 |
4,376 |
1,201 |
2016 |
18,898 |
10,546 |
6,351 |
7,030 |
3,601 |
931 |
2017 |
18,591 |
9,801 |
6,407 |
6,146 |
2,744 |
732 |
2018 |
16,536 |
8,893 |
5,749 |
5,509 |
2,315 |
594 |
2019 |
16,699 |
8,389 |
6,000 |
4,995 |
2,332 |
697 |
2020 |
16,899 |
8,719 |
6,159 |
5,332 |
2,310 |
640 |
2021 |
16,894 |
8,588 |
5,878 |
5,884 |
1,781 |
495 |
2022 |
19,647 |
9,604 |
7,096 |
5,942 |
1,565 |
539 |
B. Trials for Correction
1. Average Time Intervals from Commencement to Disposition
|
2018 |
2019 |
2020 |
2021 |
2022 |
Trials for Correction |
2.8 months |
3.0 months |
3.0 months |
3.5 months |
3.6 months |
2. Number of Cases and Content of Actions
|
Petitions Filed |
Final Actions by JPO’s Board of Appeals |
||
Claim Upheld |
Claim Dismissed (Including Dismissals without Prejudice) |
Revocation /Waiver |
||
2013 |
238 |
164 |
9 |
39 |
2014 |
210 |
194 |
10 |
24 |
2015 |
151 |
138 |
5 |
25 |
2016 |
163 |
136 |
14 |
15 |
2017 |
160 |
118 |
7 |
14 |
2018 |
203 |
166 |
13 |
23 |
2019 |
129 |
133 |
8 |
23 |
2020 |
120 |
84 |
1 |
12 |
2021 |
196 |
151 |
9 |
16 |
2022 |
213 |
173 |
26 |
17 |
*As for trials for correction, the figures in the “Revocation/Waiver” section are considered to indicate the number of petitions that were revoked.
Suits Against Trial Decisions Made by JPO
A. IP High Court
1. Number of Cases and Average Time Intervals from Commencement to Disposition
Year |
Commenced |
Disposed |
Average Time Intervals from Commencement to Disposition (months) |
2013 |
353 |
429 |
7.6 |
2014 |
278 |
311 |
8.2 |
2015 |
263 |
269 |
8.7 |
2016 |
279 |
264 |
8.0 |
2017 |
237 |
263 |
9.1 |
2018 |
183 |
218 |
9.3 |
2019 |
174 |
166 |
8.6 |
2020 |
152 |
159 |
9.6 |
2021 |
165 |
175 |
9.8 |
2022 |
133 |
148 |
9.3 |
2. Types of Suits Against Trial Decisions Made by JPO for Patents and Content of Judgments
|
Trials Against Examiner's Decision for Refusal |
Trials for Invalidation of Patents |
Patent Oppositions |
|||||
Petitions for Rescission of Examiner’s Decision for Refusal |
Petitions for Rescission of Examiner’s Decision to Maintain Validity of Patent |
Petitions for Rescission of Examiner’s Decision to Invalidate Patent |
Petitions for Rescission of Examiner’s Decision to Revoke Patent |
|||||
Dismissal |
Rescission of Examiner’s Decision |
Dismissal |
Rescission of Examiner’s Decision |
Dismissal |
Rescission of Examiner’s Decision |
Dismissal |
Rescission of Examiner’s Decision |
|
2018 |
29 |
6 |
51 |
12 |
15 |
1 |
3 |
9 |
2019 |
21 |
5 |
30 |
15 |
12 |
2 |
1 |
3 |
2020 |
15 |
8 |
44 |
9 |
3 |
4 |
2 |
7 |
2021 |
20 |
8 |
27 |
9 |
7 |
11 |
6 |
5 |
2022 |
17 |
4 |
26 |
7 |
12 |
3 |
4 |
0 |
*This data has been searched by TMI using the IP Judgments Database on the IP High Court of Japan Website
*Rescission of examiner’s decision includes partial rescissions.
B. Supreme Court
1. Number of Cases
|
Ex Parte Trials*1 |
Inter Partes Trials*2 |
Oppositions*3 |
|||
Final Appeal Filed |
Petition for Acceptance of Final Appeal Filed |
Final Appeal Filed |
Petition for Acceptance of Final Appeal Filed |
Final Appeal Filed |
Petition for Acceptance of Final Appeal Filed |
|
2013 |
15 |
24 |
38 |
59 |
2 |
2 |
2014 |
18 |
27 |
23 |
43 |
1 |
1 |
2015 |
10 |
10 |
28 |
46 |
0 |
0 |
2016 |
7 |
12 |
24 |
38 |
5 |
6 |
2017 |
12 |
19 |
23 |
45 |
1 |
1 |
2018 |
7 |
10 |
19 |
33 |
2 |
2 |
2019 |
4 |
6 |
18 |
41 |
0 |
0 |
2020 |
2 |
7 |
19 |
37 |
0 |
0 |
2021 |
3 |
7 |
16 |
37 |
2 |
4 |
2022 |
8 |
13 |
21 |
36 |
2 |
2 |
*1: Total of patents, utility models, designs and trademarks; trials against examiner's decision for refusal and trials against examiner’s ruling to dismiss an amendment
*2: Total of patents, utility models, designs and trademarks; trials for invalidation, revocation and correction
*3: Total of patents, utility models and trademarks
2. Content of Judgments, etc.
a. Ex Parte Trials
|
Final Appeals |
Petitions for Acceptance of Final Appeal |
||||
Dismissal |
Dismissal without Prejudice |
Reversal of Original Judgment |
Rejection |
Dismissal |
Reversal of Original Judgment |
|
2013 |
14 |
2 |
0 |
17 |
0 |
0 |
2014 |
12 |
3 |
0 |
24 |
2 |
0 |
2015 |
10 |
0 |
0 |
17 |
0 |
0 |
2016 |
5 |
1 |
0 |
8 |
0 |
0 |
2017 |
9 |
1 |
0 |
13 |
2 |
0 |
2018 |
6 |
0 |
0 |
15 |
0 |
0 |
2019 |
4 |
1 |
0 |
7 |
0 |
0 |
2020 |
2 |
0 |
0 |
8 |
0 |
0 |
2021 |
3 |
0 |
0 |
9 |
0 |
0 |
2022 |
7 |
0 |
0 |
8 |
0 |
0 |
b. Inter Partes Trials
|
Final Appeals |
Petitions for Acceptance of Final Appeal |
||||
Dismissal |
Dismissal without Prejudice |
Reversal of Original Judgment |
Rejection |
Dismissal without Prejudice |
Reversal of Original Judgment |
|
2013 |
19 |
0 |
0 |
40 |
0 |
0 |
2014 |
18 |
2 |
0 |
30 |
1 |
0 |
2015 |
11 |
0 |
0 |
32 |
1 |
0 |
2016 |
15 |
1 |
0 |
35 |
0 |
0 |
2017 |
21 |
3 |
0 |
38 |
1 |
0 |
2018 |
14 |
0 |
0 |
41 |
0 |
0 |
2019 |
6 |
1 |
0 |
20 |
1 |
1 (*) |
2020 |
15 |
0 |
0 |
44 |
0 |
0 |
2021 |
13 |
0 |
0 |
37 |
0 |
0 |
2022 |
13 |
1 |
0 |
29 |
1 |
0 |
c. Oppositions
|
Final Appeals |
Petitions for Acceptance of Final Appeal |
||||
Dismissal |
Dismissal without Prejudice |
Reversal of Original Judgment |
Rejection |
Dismissal without Prejudice |
Reversal of Original Judgment |
|
2013 |
3 |
0 |
0 |
3 |
0 |
0 |
2014 |
1 |
0 |
0 |
1 |
0 |
0 |
2015 |
0 |
0 |
0 |
0 |
0 |
0 |
2016 |
0 |
2 |
0 |
0 |
1 |
0 |
2017 |
5 |
0 |
0 |
6 |
0 |
0 |
2018 |
0 |
0 |
0 |
0 |
0 |
0 |
2019 |
1 |
0 |
0 |
1 |
0 |
0 |
2020 |
0 |
0 |
0 |
0 |
0 |
0 |
2021 |
2 |
0 |
0 |
3 |
0 |
0 |
2022 |
0 |
0 |
0 |
0 |
0 |
0 |