BY TOMMY C. C. TSAI

In order to render the examination of patent invalidation cases more transparent and accessible to the public, the Taiwan Intellectual Property Office (TIPO) drafted rules regarding the operational procedures for the hearing system for patent invalidation cases. The TIPO has announced the “Guidelines on the Hearing System for Patent Invalidation Cases” on March 31, 2018 according to the regulations set forth in the Administrative Procedure Act relating to the holding of oral hearings by administrative authorities. Although the TIPO has an obligation to inform the parties involved, the following should be noted:

(1) An oral hearing can be held either in response to a request submitted by either of the parties involved in an invalidation case or by the TIPO ex officio.

(2) Three or more examiners, including the examiner in charge, will preside over the panel hearing, during which one of the examiners will be assigned as the host.

(3) During the hearing, the two parties involved are allowed to express their opinions and to raise or answer questions over the issues already brought about in the invalidation case.

(4) An interested party can file a request with the TIPO (with submission of proof of his/her capacity as an interested party) for attending the hearing. Members of general public are also allowed to attend hearings after submitting an online application to the TIPO on its official website before the hearing date.

The purpose of the hearing is to allow both the invalidation requester and the patentee to provide comments on the evidence submitted, present and refute arguments, and answer each other’s questions. Thus, the hearing can enable examiners to get further clarifications from the cancellation parties and determine the facts accordingly. The introduction of the hearing system for patent invalidation cases readily demonstrates the willingness of the TIPO to devote more administrative resources to its examination processes, which, in turn, ensures the consistent application and credibility of examination standards.