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TIPO Revises the Program for Hearing Patent Invalidation, Effective June 11, 2024

patent

To provide diverse, swift, and professional channels for resolving patent disputes, TIPO has revised the Program for Hearing Patent Invalidation based on previous experiences and industry feedback. Revisions also reference the Administrative Procedure Act, and the revised procedure will serve as the basis for future case examinations.

Key revisions include:

I. To comply with legal standards, the title has been amended to the “Operation Directions on Hearings for Patent Invalidation Cases.”

II. The function of preparatory hearings has been augmented to include formulating and simplifying the issues, clarifying the matters for amendment in the invalidation case, and establishing the key points of attack or defense for the hearing. Both parties are required to adhere to these agreements (Point #5).

III. The presiding officer may convey his or her legal opinions on factual, legal, or evidentiary issues to an extent appropriate on the case in due course (Point #8).

IV. I. Hearings may now be conducted via remote video conferencing (Point #9).

V. I. The effects of absence from the hearing are clearly specified (Points #6 and #9).

VI. Hearing records can be summarized with key points and supplemented by audio or video recordings for simplification (Point #12).

  • Publish Date : 2024-08-19
  • Update : 2024-08-19
  • Organization : International Legal Affairs Office
  • Visitors : 406

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