特許庁は、口頭審理の活用、巡回審判・出張面接の実施、審判実務者研究会の開催を通じて、審理の充実と迅速化を図る取組を行っている。
タグ: 特許庁, 審理, 口頭審理, 巡回審判, 知的財産
2 Improvement of Proceedings The JPO is implementing the following initiatives in order to further improve proceedings: (i) Oral Proceedings • In trials for invalidation and trials for rescission, oral proceedings where the panel and the parties orally assert against each other are proactively utilized in order to accurately grasp and sort out the points of dispute and to increase the parties’ acceptance of the results. • In 2025, 113 oral proceedings (of which 64 [56.6%] were online oral proceedings) were conducted. The JPO compiled materials related to the online oral proceedings launched in October 2021 and has made them available on the JPO website. *27 (ii) Circuit Trials and On-Site Interviews • When companies, universities, etc. in the local regions are the parties concerned in trial and appeal cases, the panel may visit their regions at their request to conduct circuit trials (oral proceedings conducted for trials for invalidation) or on-site interviews (interviews aimed at facilitating communication on trial and appeal proceedings). • In 2025, 2 circuit trials and 3 on-site interviews were conducted. Online interviews were conducted if onsite visits were difficult due to the COVID-19 outbreak. (iii) Trial and Appeal Practitioner Study Group • The “Trial and Appeal Practitioner Study Group”, which gathers together practitioners such as corporate IP personnel, patent attorneys and lawyers, in addition to JPO chief administrative judges and administrative judges, and which studies trial/appeal decisions and court decisions based on actual cases, is convened. Judges of the Intellectual Property High Court and the Tokyo District Court also participate as observers. • The study group deliberates a total of five themes and five cases related to patents and trademarks and releases a report that consolidates its findings. *28 2 審理の充実 審理を一層充実させるため、以下の取組を実施している。 (i) 口頭審理 • 無効審判や取消審判においては、的確な争点の把握・整理や当事者の納得感の向上のため、合議体と当事者双方が口頭で主張しあう口頭審理を積極的に活用。 • 2025年は、113件の口頭審理(内、オンラ