学会誌・資料 Journal

日本知財学会誌 第12巻第1号掲載

Effect of Attorney Groupings on the Success Rate in Cases Seeking to Overturn Trial decision of refusal of Patent Applications in Japan

Nobuaki Arai, Hironori Takuma, Hideo Kameyama

日本知財学会誌 Vol.12 No.1 p.40-49 (2015-10-20)
Journal of Intellectual Property Association of Japan Vol.12 No.1 p.40-49 (2015-10-20)

Abstract
This study focuses on the importance of specialized legal representation in cases represented by groups of attorneys seeking to overturn trial decision of refusal of patent applications filed in Japan. Accordingly, the effect of attorney groupings on the percentage of such cases in which the plaintiff was successful has been analyzed. As a result of this analysis, it was discovered that groups composed exclusively of patent attorneys won the highest percentage of causes related to patent applications. Groups composed of a mixture of patent attorneys and lawyers who were not specifically patent attorneys (herein referred to as “lawyers”) had the second-highest success rate, and groups composed exclusively of lawyers had the lowest. Moreover, it was revealed that the success rate for patent applications rises with increases in the number of patent attorneys within the range of one to three patent attorneys. However, as the number of patent attorneys increases to four and more, the success rate in such cases decreases. These results suggest that in cases seeking to overturn final decisions of refusal of patent applications, attorney groupings have an important effect on the success rate. Additionally, it was confirmed that the most advantageous representation for plaintiffs in these cases is no more than three patent attorneys, with no lawyers who are not patent attorneys.

<Keywords>
Groups of Attorneys, Trial Decision of Refusal, Case, Plaintiff, Success Rate