TY - JOUR
AB - 


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.

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”).




TI - “Sheet Cutter”
JF - IIC - International Review of Intellectual Property and Competition Law
DO - 10.1007/s40319-018-0668-4
DA - 2018-02-07
UR - https://www.deepdyve.com/lp/springer-journals/sheet-cutter-XmKBhs7Ix0
SP - 237
EP - 240
VL - 49
IS - 2
DP - DeepDyve
ER -