2020-03-24 【Taiwan Patent Law】The major amendments of Taiwan Patent Law in 2019 – Part 2 (entered into force on November 1, 2019)

For enhancing effectiveness of examination in invalidation procedure, the patent law is amended regarding the deadline time allowable to supplement reasons or evidences in invalidation procedure.

(1) In regulation for invalidation procedure prior to the amendment, the deadline time allowable to supplement reasons or evidences after filing of invalidation is one month, and the supplemented reasons or evidences submitted after the one month are regulated available that the examiner still should consider them, if they are submitted before the invalidation decision. The new amended patent law regulates any reasons or evidences submitted after 3 months from the filing date of the invalidation should not be considered.

Explanation to the drawing above:

In regulation for invalidation procedure prior to the amendment, the deadline time allowable to supplement reasons or evidences after the filing of invalidation is one month, i.e., the supplementary A, and the supplement reasons or evidences submitted after one month are regulated available that the examiner still should consider them, if they are submitted before the invalidation decision, i.e., the supplementary B. The new amended patent law regulates any reasons or evidences submitted after 3 months from the filing date of the invalidation should not be considered. Thus the supplementary C would not be considered by the examiner.

(2) In the request of one month extension submitted by patentee or invaliding party for supplementing reasons or evidences in response to the request from the examiner, the reasons for the one month extension should be submitted. The regular period to respond to the request of the examiner for the patentee or the invaliding party is one month. In the regulation prior to this amendment of Patent Law, the extending period of one month for the response to the examiner is allowable without the necessity of providing any reasons. In this amendment of the Patent Law, the reason for the extension should be clearly submitted.

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