4 July, 2018
TIPO has published contents of the Guidelines on the Hearing System for Patent Invalidity Cases on March 1 this year and made changes of wording according to public opinions collected since then. The Guidelines will come into effect on March 30, 2018. Major provisions in the Guidelines include:
Parties concerned in a patent invalidation case can make a suggestion about holding a hearing. TIPO can also decide to hold a hearing on a case-by-case basis when necessary.
Hearings of patent invalidation cases will be conducted by a panel made up of three examiners before an examination decision is made to ensure that the examination is carried out in a detailed and comprehensive manner.
Parties concerned in a patent invalidation case can make an oral statement when a point of contention is confirmed, allowing them to have all of their opinions heard, which can help clear things up and unearth the truth.
In general, hearings concerning patent invalidation cases are open to the public. In addition to stakeholders of the patent in dispute, the public can also attend and observe the hearing by making an application online, allowing the participation of a wider audience.
By introducing practices such as a panel and a public hearing—which allows greater participation of the public—to the Guidelines on the Hearing System for Patent Invalidity Cases, it is hoped that the accuracy of examination results on patent invalidity cases will improve, and that people will develop a greater trust in the decisions.
For further information, please contact:
Jennifer Lin, Partner, Tsar & Tsai Law Firm
jenniferLin@TsarTsai.com.tw
