2020(Gyo-Ke)10097(March 25, 2021) “Antipruritic agent” Case
Standing to be sued as a “petitioner”
(Conclusion)
The court determined that an intervener a trial for invalidation under Article 148, paragraph (1) of the Patent Act has a standing to be sued as a “petitioner” under Article 179, paragraph (1) of the Patent Act.
A participant for a demandant in an invalidation trial before the JPO shall be eligible to be defendants in a suit for cancelation of a JPO trial decision.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.courts.go.jp/ip/eng/assets/ip/eng/chizai_en/chizai_en-pdf-2946.pdf
