IP High Court, Reiwa 7 (Gyo-Ke) No. 10096 [Undried Paste Tea] <Presiding Judge Nakadaira>
Updated: 4 days ago
Article information
Article type: Case note
Category: Patents
Issues: Litigation procedure; examination and appeal practice
Court: Intellectual Property High Court
Case number: Reiwa 7 (Gyo-Ke) No. 10096
First published on this website: 2026-10-03
Display and classification checked: 2026-10-03
IP High Court, Reiwa 7 (Gyo-Ke) No. 10096 [Undried Paste Tea] <Presiding Judge Nakadaira>
[Issue 1] In a petition for retrial filed without bringing an action to rescind the JPO decision that had dismissed the appeal against the examiner’s decision of refusal (the original JPO decision), none of the grounds for retrial under the items of Article 338(1) of the Code of Civil Procedure was found.
Items 4 through 6 were inadmissible because the requirements of paragraph (2) (such as a final and binding criminal conviction) were not met. Item 9 (failure to adjudicate) was inadmissible and dismissed because it fell under the proviso to paragraph (1), applicable “when a party, knowing of the grounds, did not assert them.” The existence of the grounds under items 1, 2, and 8 was not found.
[Issue 2] After the Intellectual Property High Court rescinded the first decision on retrial (dismissal), it was lawful for the JPO not to revert to the examination stage, but instead to conduct a new examination of the petition for retrial and render a decision (the decision at issue).
Under Article 181(2) of the Patent Act, when a judgment rescinding a JPO decision becomes final and binding, the trial examiners must conduct further proceedings in the trial and render a decision.
Original article:
Update and correction history
Substantive corrections, additions, classification, related-article and display changes are recorded separately from the website's first-publication date.
2026-10-03: First publication from the LinkedIn original; article information, issue tags, language navigation and consultation guidance were added.
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