Reiwa 6 (Gyo-Ke) 10036 [Chip detection device] <Honda>
Updated: 3 hours ago
Article information
Article type: Case note
Categories: Patents
Main topics: Litigation procedure / Examination and appeal practice
First published on this website: October 1, 2026
Case reference (as stated in the original): Reiwa 6 (Gyo-Ke) 10036
Display and classification checked: October 1, 2026 (not a revalidation of the legal analysis)
Reiwa 6 (Gyo-Ke) 10036 [Chip detection device] <Honda>
*Revocation of a trial decision granting a patent was sought. ⇒ Action dismissed as inadmissible.
In the appeal against refusal of the patent application, the plaintiff sought a trial decision reversing the dismissal of an amendment, reversing the original refusal based on that amendment (Amendment 1), and allowing the patent.
During proceedings, the plaintiff made a new amendment (Amendment 2). Ultimately, the JPO decided (English translation): “The original decision is reversed. The invention in this application shall be patented.” This granted a patent for the invention based on Amendment 2, the plaintiff's last-submitted amendment (Amended Invention 2).
⇒ Claiming that the invention based on Amendment 1 (Amended Invention 1) should originally have been patented, the plaintiff sued for revocation of the trial decision and other relief.
The judgment held that this was a disposition favourable to the plaintiff and that there was no interest in seeking revocation of a trial decision made as requested by the applicant (the applicant could not later repudiate an amendment made on its own judgment).
Original article: https://lnkd.in/gfSFn29Q
Related articles
Updates and corrections
Substantive corrections and additions are recorded separately from classification, related links and display changes.
October 1, 2026: First publication of the author's original LinkedIn text on this website. Article type, categories, topic tags, sources and consultation navigation added.
2026-10-01 | Display maintenance: added case references stated in the original or language-alternate metadata; not a revalidation of legal analysis.
2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.
Comments