Taiwan Intellectual Property Office (TIPO) began the hearing program for patent invalidation cases on March 31, 2018, and subsequently amended the program in 2019 and 2021. To further improve the hearing system, TIPO recently amended again the program and renamed it as “Hearing Operational Directions for Patent Invalidation Cases” to be implemented on June 11, 2024.
The patent invalidation hearing is a mechanism based on Taiwan Administrative Act. It is intended for an invalidation case to be examined by a collegial panel of examiners and conducted under public hearing. The purpose of hearing is to provide the involved parties with an opportunity to present their opinions and conduct mutual inquiries on the dispute issues, evidences, legal comprehension and other related matters. This hearing process can help the Examiners determine the truth of the facts and render a proper decision. If the involved party feels dissatisfied with the decision, an administrative suit can be filed directly, without undergoing the appeal proceeding.
Per the above Operational Directions, a request of hearing can be filed by an involved party (demandant, or demandee/patentee), or held ex officio by TIPO. Before holding a hearing, TIPO shall notify the parties in writing and publicize the hearing notice. Interested parties can apply to attend the hearing, while the general public can also apply for observation of the hearing. However, TIPO may notify the applicant that a hearing is not necessary because the case has been clarified or due to other reasons. The hearing proceeding in principle shall be held in public, unless a party has asserted the fact or content not to be made public before the hearing is held or during the hearing process.
The hearing amendments mainly include: the hearing can be operated by means of remote video conferencing; the host of hearing (the presiding examiner) may adequately disclose perceptions or thoughts on factual, legal, or evidential issues; stipulating the effect of absence from the hearing. If a party fails to attend the hearing, TIPO may conduct the hearing for one party upon request. In case the party does not receive the notice or has other legitimate reasons (e.g. natural disasters), TIPO may set another hearing date. Furthermore, if an involved party (or interested party, etc.) is unable to attend the hearing in person, TIPO may conduct the hearing proceeding, ex officio or upon request of the other party, in the manner of video conferencing. Lastly, the hearing record can be signed for confirmation and sent by such manner.
