25 May, 2018
Having considered the international trend demonstrated by the practice of major countries that patent invalidation examination is made by holding public hearing, TIPO announced the “Operational Procedures on Public Hearings for Patent Invalidation Cases” on March 30, 2018, which was formally implemented on the same date in accordance with the relevant provisions of the Administrative Procedure Act. Some highlights of the rules are as follows:
(1) The parties of an invalidation examination proceeding may apply for a hearing, and TIPO may also hold an ex officio hearing if it deems necessary.
(2) Hearings shall be conducted by three or more examiners in a collegial system.
(3) TIPO shall notify the parties in writing 30 days prior to the hearing date and publish the notice at its office or on its website. TIPO may notify the witnesses or expert witnesses before the hearing if it deems necessary.
(4) Hearings are conducted in a public manner in principle.
(5) The party of the invalidation examination proceeding may institute an administrative appeal directly pursuant to Article 109 of the Administrative Procedure Law if it is not satisfied with the invalidation examination decision made upon the hearing.
For further information, please contact:
Sean Fan, Tsar & Tsai Law Firm
SeanFan@TsarTsai.com.tw
