Third Party’s Statement

Q1.　We would like to submit prior art information which may be used for rejecting a pending patent application.  What type of prior art materials is accepted at the Japan Patent Office? 

A1.　 Only printed materials are to be accepted. 

Q2.　After the filing of the Third Party’s Statement, do we get any feedback from the Patent Office or the Applicant of the contested patent application?

A2.　 Upon request from the Party filing the Statement, the Japan Patent Office will inform the Party about the use or non-use of submitted materials in the Office Action issued against the contested patent application. 

However, the Party will not be informed about filing of any comments or arguments by the applicant of the contested patent application.  We can perform periodic file inspection of the contested patent application to watch for the filing of any comments or arguments against the Third Party’s Statement.

Q3.　Is it possible to file a Third Party’s Statement anonymously?

A3.　 Yes, but in this case, we cannot obtain any feedback from the Patent Office.  However, we can perform periodic file inspection of the contested patent application to watch for the issuance of the Office Action.

Q4.　A Third Party’s Statement has been filed against our pending Japanese patent application.  Is it possible for an Applicant of the contested patent application to file an argument against the Third Party’s Statement?

A4.　 Yes.  Any arguments and/or comments on a Third Party’s Statement can be filed in the form of a Written Statement at any time before the issuance of a final Decision (i.e., Decision to Grant or Decision for Rejection) by the Japan Patent Office.

 

 

 

お問い合わせ