25 September, 2017
The Supreme Administrative Court held in Judgement 106-Pan-Tze No. 266 that when the invalidation petitioner presented new evidence in support of the same ground for the revocation of the patent and such new evidence(s) was sufficiently argued by the parties, the Court should, in the event that the patentee still failed to file a post-grant amendment with the TIPO, reverse the TIPO’s original ruling denying the invalidation request as directed by the conclusion of the en banc meeting of the Supreme Administrative Court in April 2015 if the Court should find the invalidation request valid concerning the whole or part of the claims.
In such event, the Supreme Administrative Court should order the TIPO to make a ruling granting the request for invalidation and revoking the subject patent accordingly.
In addition, said conclusion of the en banc meeting of the Supreme Administrative Court should be applicable for invalidation rulings made by the TIPO regardless whether the rulings were made before or after the effective date of the amended Patent Act on January 1, 2013.
For further information, please contact:
Joyce I. Ho, Partner, Tsar & Tsai Law Firm
joyeho@tsartsai.com.tw
