After a patent is granted, any person (except for the patentee) may file a request for an invalidation action against the patent with TIPO for the duration of the patent term. However, if a patent application is not jointly filed by all the joint owners of the right to apply for a patent, or if the patentee is not the owner of the right to apply for a patent, an invalidation action based on these grounds should only be filed by the interested party.

The requestor must state at least one ground for invalidation pursuant to Article 71, Article 119 or Article 141 of the Patent Act and indicate facts, evidence and present arguments in support of the ground(s). If an invalidation action against a patent is considered well grounded, the patent right will be revoked. Such revocation may be made on a claim-by-claim basis. If an invention patent is revoked finally and bindingly, the effect of patent right shall be deemed not to have existed.

• Publish Date : 2020-09-11
• Update : 2020-09-14
• Organization : International Legal Affairs Office
• Visitors : 624