| Patent Act Article 141May 1, 2019 |
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Grounds for invalidation "Any person may request for an invalidation action against a design patent with the Specific Patent Agency under any of the following circumstances: "1. where there is a violation of any of the provisions set forth in Articles 121 to 124, Article 126, Article 127, Paragraphs 1 to 3 of Article 128, Paragraph 3 of Article 131, Paragraph 3 of Article 132, Paragraph 2 of Article 133, Paragraphs 2 to 4 of Article 139, Paragraph 4 of Article 34 applicable mutatis mutandis under Paragraph 1 of Article 142, Paragraph 2 of Article 43 applicable mutatis mutandis under Paragraph 1 of Article 142 and Paragraph 3 of Article 44 applicable mutatis mutandis under Paragraph 1 of Article 142; "2. where the home country of the patentee does not accept patent applications filed by ROC nationals; or "3. where there is a violation of Paragraph 1 of Article 12 or where the design patentee is not the owner of the right to apply for a design patent. "An invalidation action based on Subparagraph 3 of the preceding paragraph shall only be filed by the interested party. "With respect to the ground(s) of an invalidation action against a design patent, the provisions in effect at the time of the said patent being approved shall govern. However, if an invalidation action is filed based on the ground(s) under Paragraph 3 of Article 131, Paragraph 3 of Article 132, Paragraphs 2 and 4 of Article 139, Paragraph 4 of Article 34 applicable mutatis mutandis under Paragraph 1, Article 142, or Paragraph 2 of Article 43 applicable mutatis mutandis under Paragraph 1, Article 142 of this Act, such invalidation action shall be governed by the provisions in effect at the time of filing the said action. |
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