What is Center's Advisory Opinion?

his Center has started a service of issuing advisory opinions as a new business since March 2004. Such service includes, the scope of determination with respect to the technical scope of a patent invention and an invalidation determination to determine whether or not there are grounds for invalidation of a patent. It is called the "Center's Advisory Opinion" so as to distinguish it from the advisory opinions issued by the Japan Patent Office (Patent Law Article 71, Utility Mode Law Article 26, Design Law Article 25, and Trademark Law Article 28). More precisely, this Center determines the following matters:

1. Scope Determination

（1）Whether or not a specific product or method falls within the technical scope of the patent invention or registered utility model.
（2）Whether or not a specific design falls within the scope of the registered design and similar design thereto.
（3）Whether or not a specific mark falls within the scope of the trademark right or effect of the right based on defensive trademark registration.

2. Invalidation Determination

（4）Whether or not there are grounds for invalidation in the patent or registration with regard to a specific patent, utility mode registration, design registration, or trademark registration (including defensive trademark registration, hereinafter, the same).

Unilateral Opinion and Bilateral Opinion

There are two types of Center's Advisory Opinion depending on the parties' choice, these are: a unilateral opinion which shall be given based on the allegations and evidentiary materials presented by the applicant; and a bilateral opinion which shall be given based on the allegations and evidentiary materials presented by both the applicant and the respondent as identified in the submitted application.

With respect to a bilateral opinion, when this Center receives an application for a bilateral opinion, it notifies the respondent in writing that such application has been made and the Center also provides a duplicate of the written application and informs the respondent that an answer stating whether or not it accepts to be present at the proceedings, shall be provided by the respondent within ten (10) days from the date of receipt of notice. A bilateral opinion shall be conducted only when the respondent's acceptance has been received by the Center. Moreover, in an application for a bilateral opinion, the applicant can also choose to request a unilateral opinion in the event the respondent refuses acceptance.

The respondent can make a claim for an invalidation determination (hereinafter, the "Cross Invalidation Determination") with regard to the subject matter against the applicant in the proceedings of the Scope Determination. The examination of a claim for a Cross Invalidation Determination and that of a claim for an Advisory Opinion, which has been applied for, shall be conducted in consolidation.

Examination and Force of Center's Advisory Opinion

The examination shall, in principle, be conducted orally. The aim is to complete the examination within three months from the date of this Center's receipt of an application in a unilateral opinion and within four months from the date of this Center's receipt of a written answer in a bilateral opinion.

The party(ies) shall be notified of the conclusion of the examinations and the Center's Advisory Opinion shall be provided in writing, and such written Advisory Opinion shall be sent to the applicant in a unilateral opinion and to both parties in a bilateral opinion. The reasons supporting the panelists' opinion shall be described in the written Advisory Opinion.

The Center's Advisory Opinion is an opinion of the panelists, who are experts, appointed by this Center, and it shall have no binding force on any person. Moreover, no appeal (including lawsuit) can be entered against the Center's Advisory Opinion.