Is it possible to file an Invalidation Trial or an Opposition by a straw person in Japan?
An Opposition can be filed by a straw man. Therefore, practically, patent attorneys can file an Opposition by himself/herself for their clients so that the clients’ name can be kept unidentified.
However, due to the recent revision of our patent law, an Invalidation Trial must be filed by an “interested person” (JPL123(2)).
Any person may file a request for a trial for patent invalidation;provided, however, that where a request for a trial for patent invalidation is filed on the ground that the patent falls under item (ii) ofthe preceding paragraph (limited to cases where the patent is obtained in violation of Article 38) or item (vi) of the preceding paragraph, only an interested person may file a request for a trial for patent invalidation.
Therefore, it becomes technically difficult to file an Invalidation Trial while keeping the clients’ name unidentified.