Procedural Defects (The applicant did not submit the certificate of exception to lack of novelty of design within the period specified in Article 4.)
(Conclusion) The applicant’s procedural defects cannot be amended.
(The applicant lost.)
The court dismissed the plaintiff’s claim by holding that the JPO’s disposition to dismiss the application for the commencement of a procedure is lawful.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>