Patent Act Article 74May 1, 2019

Invalidation proceedings

Upon receipt of a request form for invalidation action stated in the preceding article, the Specific Patent Agency shall serve a copy thereof to the patentee.

The patentee shall provide a response within one (1) month after having been served with a copy of the request form. If the patentee fails to provide such response, the invalidation proceedings shall be conducted accordingly, unless a request for extension containing reason(s) thereof has been approved.

During the invalidation proceedings, the patentee shall only file a request for amending the invention patent when providing a response after having been served with a copy of the request form, or when providing a response or supplementary response after having been served with a notification from the Specific Patent Agency. The above shall not apply if a litigation case involving the invention patent is pending.

The Specific Patent Agency may, when necessary, notify the invalidation requester to submit comments or the patentee to provide a response or a supplementary response. The invalidation requester or patentee shall reply within one (1) month after having been served with the notification. Unless a request for extension thereof has been approved, the comments or response shall not be examined if the requester or patentee fails to submit comments or provide a response within the specified time period.

The Specific Patent Agency may conduct invalidation proceedings accordingly if the comment(s) or the response(s) submitted or provided pursuant to the preceding paragraph is likely to delay the proceedings or if the facts and evidence are sufficiently clear.

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Patent Act Article 73May 1, 2019

Invalidation action

Where an invalidation action is filed, a request form containing a statement and reason(s), along with evidence shall be provided.

Where a patent contains more than one claim, an invalidation action may be filed against parts of the claims.

An invalidation statement shall not be modified or added after filing, but it can be narrowed.

A requester of invalidation action may provide invalidation reasons or evidence within three (3) months after the date of filing the said action.The reason or evidence shall not be examined if the requester fails to provide them within the specified time period.

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