[Article] Examining the Scope of New Evidence Admissible in Actions to Rescind Trial Decisions: A Classification of Court Decisions (Masanori Takahashi, 2014)
更新日：3 日前
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Article type: Publication review
Category: Patents
Topics: —
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-04-13 (Japan time). Full English translation.
[Article] Examining the Scope of New Evidence Admissible in Actions to Rescind Trial Decisions: A Classification of Court Decisions (Masanori Takahashi, Intellectual Property Law and Policy Journal, Vol. 44 (2014))
⇒ Of the five types, only (1), (2) and (5) permit submission of new evidence in an action to rescind a trial decision!!
Knitting Machine, Supreme Court judgment of March 10, 1976, Minshu Vol. 30, No. 2, p. 79
“In an action to rescind a trial decision, a ground for invalidity based on comparison with publicly known facts that were not examined and determined in the appeal trial proceedings (now invalidation trial proceedings) cannot be asserted as a reason for holding the trial decision unlawful or lawful.”
(1) State-of-the-art type
Evidence to establish the state of the art for a person skilled in the art at the filing date is, in principle, admissible.
(2) Corroboration type
Evidence clarifying the meaning of technical matters determined in the trial is also, in principle, admissible.
(3) Essential-to-patentability type
Even if intended to corroborate technical matters examined in the trial, evidence concerning matters essential to patentability is inadmissible.
(4) Addition type
Evidence concerning technical matters not determined in the trial is inadmissible.
(5) Nontechnical type
Evidence concerning matters other than the principal technical matters examined is admissible.
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