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Public hearing on draft amendment to Patent Examination Guideline for Post-Grant Amendment

  • Date Posted:2016-11-11

In 2016, TIPO completed the draft amendments to Patent Examination Guidelines for Post-Grant Amendment, Invalidation and Inventive Step.

In Patent Examination Guideline for Post-Grant Amendment, the key revisions are: 1. reorganization of the contents in judging substantially enlarge or alter the scope of the claim(s), 2. changes in the method of judging the adding technical features to the claim(s) for post-grand amendment, 3. increments of post-grant amendment types, and 4. rearrangement, addition and amendment of example cases.

In Patent Examination Guideline for Invalidation, the key revisions are: 1. principles applying when amended pages are only provided, 2. the invalidation requester is entitled to elucidate when mistakenly citing provisions misapplicable under the circumstance that two patent applications relating to the same invention are filed, 3. online evidence and evidence in foreign language are included in the process of investigation, and 4. ex officio examination is only performed with reference to reliable civil judgment.

In Patent Examination Guideline for the Inventive Step, the key revisions are: 1. concept of the inventive step, 2. principles of examining the inventive step, 3. steps in determining the inventive step, 4. factors failing the inventive step and 5. factors constituting the inventive step.

To seek public inputs, TIPO will hold 8 public hearings about the draft amendments to abovementioned examination guidelines from October 17 to the end of December. For details and the schedule, please go to http://www.tipo.gov.tw/ct.asp?xItem=602881&ctNode=7127&mp=1