Trials, Litigation
While general litigation cases are handled in a district court (first trial), then a court of appeals (second trial), and the Supreme Court (third trial), patent and trademark litigation cases for refusal and invalidation are handled by the Board of Patent Appeals and Interferences (in the first), then the Patent Court (second trial), and the Supreme Court (third trial), and patent and trademark infringement cases, like general litigation cases, are handled in a district court (first trial), then a court of appeals (second trial), and the Supreme Court (third trial).

Because such trial/litigation cases are difficult for individuals to handle, it is recommended that individuals seek advice from reliable agents with technical expertise.

The patent attorneys and staff at Ein Patent Law Firm are knowledgeable and experienced in law and technical fields including electronics, semiconductors, materials, and mechanical engineering, and are able to provide tremendous support for trial and litigation cases. We invite anyone that requires advice to contact us at anytime.
Types of Trials/Litigation for Patents and Trademarks
Types of common trial and litigation cases are described below. Aside from the trial and litigation cases described, there are many other types of proceedings.
Appeal Against Examiner’s Decision of Refusal
As a trial brought against the patent commissioner, this is an appeal for a trial against a decision of an examiner to refuse a patent or trademark application. Following the final decision of refusal, a request for a trial must be made within a certain timeframe (usually within 30 days from the notification of refusal) to the Board of Patent Appeals and Interferences.
Trial for Invalidation
As a trial for invalidating a registered patent brought against the patent rights holder, this is a civil suit by a third party against a patent rights holder. Invalidity can be asserted against each claim of a registered patent, and reasons for patent invalidation are defined by patent law. A typical reason for invalidation of a registered patent is the assertion that similar prior art already existed.
Infringement Litigation
When a third party works a patent without obtaining permission from the patent holder, the patent holder can file a suit against the third party. This type of case is handled in a general court. The most representative forms of infringement litigation are a “Request for Injunction Against Infringement” and a “Claim for Damages”.