Article — Scope of Review in Patent Trial-Decision Revocation Actions: New Arguments on Well-Known Technology
Updated: 3 hours ago
Article information
Article type: Publication review
Categories: Patents
Topics: Litigation procedure, Cancellation of JPO decision, Examination and appeal practice
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Article — “Scope of Review in Patent Trial-Decision Revocation Actions: Admissibility of New Arguments on Well-Known Technology” (Peng Zhang, Intellectual Property Law and Policy Journal, Vol. 38 (2012))
The Supreme Court’s January 24, 1980 judgment in the “Food Packaging Container” case held that, because judges do not possess knowledge equivalent to that of a person skilled in the art, new allegations and proof of publicly known technology are permissible to establish the common general technical knowledge underlying the trial decision.
⇒ The (lower) court may decide this in its discretion. (See footnote 31.)
Originally published: 2025-03-25
Original Japanese post: https://ameblo.jp/hideki-takaishi/entry-12891265447.html
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2026-10-16: The AMEBLO source was first published on this website.
2026-10-17: Added classification, topic tags, article information, translation navigation, related articles, consultation guidance, and SEO. The original article text was not changed.
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