Reiwa 7 (Gyo-Ko) 10001 [Appeal in an action seeking revocation of an administrative disposition] <Presiding Judge Masuda>
Article information
Content type: Case note
Categories: Patents
Issues: Request for examination / PCT applications / Administrative litigation
First published on this site: 2026-10-03
Display and classification checked: 2026-10-03
Reiwa 7 (Gyo-Ko) 10001 [Appeal in an action seeking revocation of an administrative disposition] <Presiding Judge Masuda>
The original judgment held that there was no interest in revocation because, even if the disposition were revoked, the examination-request procedure would inevitably be dismissed as unlawful.
⇒ The appellate judgment found a legal interest in revocation: if the disposition were revoked by judgment, the JPO Commissioner could not dismiss the request again for the same reason, and the appellant would become able to receive examination.
The Patent Act provides that examination of an international patent application made in a foreign language may not be requested until procedures such as submission of a translation have been completed (Article 184-17).
The appellant requested examination before submitting a translation, failing to meet that provision's requirements.
The Patent Act has no provision permitting cure of a defect in this sequence.
An examination request lacking a translation should be treated like a patent application lacking an attached specification and other documents. Since substantive examination cannot be conducted, the defect is fundamental and cannot be cured by amendment.
Accordingly, even though a translation was submitted later, the defect was not cured, and the disposition was not unlawful.
⇒ Appeal dismissed.
Original article: https://lnkd.in/guxJnufd
Original source shown in the LinkedIn preview: https://www.courts.go.jp/assets/hanrei/hanrei-pdf-95134.pdf
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7511585818583408640/
Update and correction history
Dated entries are added for corrections, supplements, classification, display, and related-article changes, separately from the first publication date.
2026-10-03: First publication on this site from the LinkedIn original.
2026-10-03: Updated issue tags.
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