TIPO modified the measures for utility model patent technical evaluation reports for patentees to respond to claims that are without novelty or not non-obvious
2019/07/25 TaiwanDate Posted：2019-07-25
To give the right holders of utility model patents a chance to provide thorough explanations when any of the claims in their patents face unfavorable comments in technical evaluation reports, TIPO modified the measures for presenting technical evaluation reports of utility model patents so as to ensure the reports are as truthful as possible.
The main revisions are as follows:
1. Previously, the letters of notification on the references used in technical evaluation reports of utility model patents would only be sent to patentees when all of the claims are without novelty or are not non-obvious. Now, when any of the claims is without novelty or is not non-obvious, TIPO will send such letters to patentees, asking them to provide further explanations.
2. The said measures are also applicable to technical evaluation reports of utility model patents which have been issued for once or more. In the amendments, for the explanations of claims (e01) which do not pass the first evaluation, even though whose follow-up arguments (e.g.e02) still do not meet the requirements, TIPO will send “letters of notification on the references used in technical evaluation reports” to the patentees in question, so as for patentees to provide further explanations.
3. The new regulations become effective from July 1 on.
For more information, please click the following link: https://www.tipo.gov.tw/dl.asp?fileName=961111442352.pdf
Intellectual Property Office Ministry of Economic Affairs, R.O.C.
