Glossary entry

Japanese term or phrase:

前置報告書

English translation:

pretrial report

Added to glossary by cinefil
Apr 25, 2011 09:55
13 yrs ago
1 viewer *
Japanese term

前置報告書

Japanese to English Law/Patents Law: Patents, Trademarks, Copyright Appeal against a judgment
What does this term translate to?
Change log

Aug 22, 2011 15:45: cinefil Created KOG entry

Proposed translations

33 mins
3 KudoZ points awarded for this answer. Comment: "Thank you."
11 mins

preliminary report

I'm thinking the International Preliminary Report on Patentability, although it depends on the context and could simply be the first report in a case.
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+1
3 hrs

pretrial reexamination report

According to the below glossary website 前置 means “pretrial reexamination” or “reexamination before trial.”

Therefore, based on the below information, I have come up with my answer “pretrial reexamination report.”

It looks like the reexaminations are done when there is an infringement on a patent. (please see last website)

http://www.patro.co.jp/glossaries/glos_j-e_si.html
前置 pretrial reexamination, reexamination before (substantive) trial

http://www.patentspostgrant.com/lang/en/2010/11/patent-reexa...
For insight into the post grant/litigation strategies driving the year-over-year increase in patent reexamination filings, check out PLI’s Reissue & Reexamination Strategies and Tactics with Concurrent Litigation 2011. The program is offered in San Francisco January 10, 2011 and in New York February 11, 2011. The webcast is available January 10th.
I will co-chair both events and speak on the topic of Pre-Trial and Post-Trial Reexamination Strategies Concurrent with Litigation. The Hon. Paul J. Luckern of the International Trade Commission will comment on judicial perspectives of patent reexamination, and my partner Todd Baker will discuss reexamination and reissue practices.

http://www.fishiplaw.com/strategic-patenting/chapter-13---in...
Chapter 13 - Infringement Of Another's Patent
Reexamination - If one has good reason to believe that a competitor's patent was invalidly issued over the prior art, then another option is to file a reexamination petition with the patent office. Reexaminations are not terribly difficult to prepare, and tend to be successful. According to patent office statistics, 90 percent of reexamination petitions are granted, and 72 percent of granted petitions result in either revocation or narrowing of patent claims. A recent study by Joseph Cohen found that 98% of reexamination petitions are granted
… the record of reexamination would likely be entered at trial, thereby reducing the complexity and length of the litigation; and f. issues, defenses, and evidence will be more easily limited in pretrial conferences after a reexamination; and 7. the cost will likely be reduced both for the parties and the Court.

Peer comment(s):

agree Soonthon LUPKITARO(Ph.D.)
2 days 1 hr
Thank you, Khun Soonthon! :-)
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15 hrs

Reexamination Report

This report is issued by the Examiner, when the applicant filed an Amendment upon filing an Appeal trial (Against Examiner's Refusal of the Application). Even after filing the Appeal trial, the amended claims should be examined by the Examiner who refused the application, which is so called "前置審査", i.e., Reexamination. If the Examiner withdraws his/her rejections as a result of the Reexamination, and the application is allowed. While, if the Examiner again rejects the amended claims, an Reexamination Report should be subjected to the Trial Examiners (usually, an appeal trial is examined by three to five trial examiners), and they examines the case and issues an Inquiry (審尋), when they think it is necessary.
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