Yes. During invalidation proceedings, post-grant amendment requests for invention, utility model or design patents are bound by time limit with respect to “providing a response after having been served with a copy of the request form,” or “providing a response or supplementary response after having been served with a notification from TIPO.” Invalidation proceedings and post-grant amendment should be consolidated; relevant decisions should be jointly rendered. However, the requests will not be bound if the patents are involved in pending litigation cases.

Where there are two or more requests for post-grant amendment filed during the proceedings of the same invalidation action, the earlier-filed request(s) for post-grant amendment shall be deemed to have been withdrawn.

• Publish Date : 2020-09-11
• Update : 2020-09-14
• Organization : International Legal Affairs Office
• Visitors : 339