經通國際智慧產權事務所

Decision of the Supreme Administrative Court

With regard to the opposition of the utility model patent filed to the Intellectual Property Office of Ministry of Economic Affairs, the applicant filed a request for a re-examination for the decision issued from our court on September 14, 2006. Our court has made the following decision:

◆The request of re-examination is rejected.

◆The official fee will be covered by the applicant.

Reasons:

◆According to the Administrative Lawsuit Act, a request for re-examination for a decision issued by our court should be filed within 30 days counting from the day the decision was issued.

◆The applicant received the original decision on September 21, 2006, which can be proven by the postal receipt.The deadline for filing a request for re-examination should be October 29, 2006, which was counted from September 22, 2006 with an extended 8 days for transportation.Since October 29 was a Sunday, the official deadline was postponed to the next Monday, October 30, 2006. The applicant filed the request to the court for re-examination on November 21, 2007, which was long after the deadline. Furthermore, the applicant did not provide evidence to prove that the application was duly submitted. Therefore, the request is rejected due to the failure to file within the official deadline.

(from The Supreme Administrative Court March 29, 2007)

translated by Jean Xu

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