“Sheet Cutter”

Decision of the Supreme Court 10 July 2017 – Case No. 632 (Ju) 2016
  • Patent Act, Secs. 104ter, 104quater
Decision • Patent Law Japan
  1. 1.

    In order to counter the defence of invalidity raised by the defendant in infringement proceedings, the patent owner is entitled to propose a correction/limitation of the patent until the last oral hearing before the fact-finding court even if for legal reasons he is barred from proposing this limitation/correction in invalidation or correction proceedings before the Japanese Patent Office.

  2. 2.

    Raising the counter-defence of correction/limitation only later (here: at the stage of final appeal) allows the court to disregard the counter-defence as late-filed even where it is based on actually pending correction proceedings before the Japanese Patent Office (Continuation of Supreme Court, 24 April 2008 – “Knife Processing Device”).



Patent infringement proceedings Counterclaim of invalidity Limitation of patent right Patent correction trial Late-filed evidence 

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2018

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  • Patent Act, Secs. 104ter, 104quater

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