Brian Hsieh
On 30 December 2020 the Taiwan Intellectual Property Office (TIPO) published its proposed amendments to provisions of the Patent Act, which are now open to the public for comments. If passed, the amendments will significantly restructure Taiwan’s patent appeal system.
TIPO would establish a review board, which will specifically hear and review the following patent cases:
Ex partes proceedings – this includes re-examination (where a patent applicant appeals against the rejection of their patent application) and applications for patent extension, post-grant amendments and any appeals against the examiners’ rulings made during the patent application proceedings.
Inter partes proceedings – this includes invalidation actions (where an applicant challenges the validity of a granted patent) and petitions to disqualify granted extensions (where an applicant challenges the lawfulness of a granted patent extension).
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