In order to ensure the examination of patent invalidity cases is more transparent, fair and correct, and to allow the two parties to present a complete statement of specific facts, the Taiwan IPO complies with the stipulation of Article 107, Paragraph 2, of the Administrative Procedure Act as well as considers that other countries in the world adopted oral proceedings in patent invalidations, and as a result released the “Guidelines on the Hearing System for Patent Invalidity Cases” on March 1, 2018. Thereafter, the Taiwan IPO revised the wording according to the public opinions collected at that time. The guidelines took effect on March 30, 2018. 

The main contents of the Guidelines include:

1. Relevant parties involved in patent invalidation cases may propose suggestions for holding hearings. The Taiwan IPO can also decide to hold hearings on a case-by-case basis when necessary.
2. The hearing of patent invalidation cases will be conducted by a panel of three examiners, and then a decision will be made to ensure a detailed and comprehensive review.
3. The parties in the patent invalidation case may make an oral statement when the disputed point is confirmed, allowing their opinions to be heard. This helps clarifying the facts and discovering the truth.
4. In general, the hearings on patent invalidation cases are open to the public. In addition to the stakeholders of the disputed patents, the public can also participate in and observe the hearings by submitting applications online, allowing greater audience participation.

By introducing practices, such as expert panels and public hearings that allow more public participation, to the “Guidelines on the Hearing System for Patent Invalidity Cases,” it is hoped that the accuracy of the examination results of patent invalidation cases will be improved and people will have greater confidence in the decisions made.

The first hearing case will be held for Patent No. I568923 on July 27, 2018.

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