July 18, 2024
Taiwan Revises Rules for Hearings on Patent Invalidation Cases The Taiwan Intellectual Property Office has introduced new “Guidelines for Hearings on Patent Invalidation Cases” in order to improve the quality of the hearing process.  Some of the most significant revisions are as follows: More regulations have been added to the pre-hearing preparation stage. As well as the existing rules governing conducting the hearing and admissibility of documents and evidence, the amendment now adds regulations pertaining to organization and simplification of the disputed issues, clarifies the post-grant amendments of disputed patents, and specifies procedures for agreement on key points of defense and offense during the hearing process. Besides being responsible for examining the patent invalidation case, the presiding officer for the hearing will now be allowed to share thoughts on factual, legal and evidential disputes in order to render the process more transparent. Hearings can now be conducted via video conferencing, enabling participants to join from office or home. This will also make it easier for international participants to join which is the common global trend. In the case when a party is absent from the proceedings, the examiner will still be able to hold a “one-party hearing”. However, the hearing should be rescheduled if the absent party did not receive proper notification of the hearing, or the attending party cannot provide necessary evidence for matters to be investigated by the examiner, or the matter presented by the attending party was not provided to the other party within a reasonable length of time. The summary of the hearing shall be recorded and supplemented with audio or video recordings to simplify...