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TIPO’s Revisions of the Patent Examination Guidelines Took Effect on July 1, 2024: Part II Chapter 1, 3, 11, 14 and Part V Chapter 1

TIPO has revised its examination guidelines for regulatory alignment, reflect changes in examination practices, unify interpretations, and improve examination quality. Revisions include additional examination principles and case examples, and apply to Part II “Substantive Examination for Invention Patents” (Chapter 1, 3, 11, and 14) and Part V “Examination of Invalidation” (Chapter 1). Revisions have been implemented since July 1, 2024, and key updates include:

  1. In alignment with the revisions to Article 17, Paragraph 7 of the Enforcement Rules of the Patent Act regarding sequence listings and TIPO's implementation of the WIPO ST.26 standard, revisions have been made to Chapter 1, Section 1.3.1 of the substantive examination guidelines for invention patents (Enablement Requirement), as well as related content in Chapter 14.
  2. Regarding the patentability , Section 2.6.4 on the criteria for determination of lack of novelty based on legal fiction has been updated with a new example (Example 1) that specifically illustrates how to determine the lack of novelty based on legal ficiton.
  • Publish Date : 2024-08-30
  • Update : 2024-08-30
  • Organization : International Legal Affairs Office
  • Visitors : 203

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