Plaintiffs who feel that their patent was denied improperly can appeal the rejection of a patent application through the Japan Patent Office rather than resort to the courts. This appeal must be made within three months of the rejection.
While an appeal can save an application that was rejected by only a slim margin, in other cases it may not be worthwhile. A straight appeal to the JPO without any changes to the application may be both a waste of time and money depending on what the reason cited for rejecting the patent application. Therefore, it is best to consult with an attorney regarding the reason for the denial and what changes might make the application more successful.
If you have any questions about patent law in Japan, please contact our office for a legal consultation.