經通國際智慧產權事務所

In a Decision published on December 22, 2006, the Taipei High Administrative Court rejected the complaint against the TIPO’s (Taiwan Intellectual Property Office) Technical Evaluation Report of the utility model titled as“Anti- allergen textile” (Case 95A/No. 2863, December 22, 2006). The utility model application with the title of “Anti- allergen textile” was filed with the TIPO in 2004, and the patent right was granted after the said application passed the formality examination. However, the Technical Evaluation Report requested by the patentee concluded the said Patent being not in compliance with the patentability due to the lack of inventive step. The patentee disagreed with the TIPO’s conclusion and filed an appeal with the MOEA (Ministry of Economic Affairs). Nevertheless, the appeal and the subsequent administrative lawsuit filed with the Taipei High Administrative Court by the patentee were both rejected.

In the Decision, the Taipei High Administrative Court held that:

◆Even the Technical Evaluation Report associated with the utility model patent provided the conclusion of lack of inventive step, the approved patent rights were not directly affected. As the patent is still valid before its revocation, the nature of a Technical Evaluation Report for a utility model is not an administrative order. Thus, the legal grounds of the filed appeal and administrative lawsuit cannot be established.

◆Regarding the appellant’s disagreement with the TIPO’s answering letter to the appellant’s response to the conclusion of the Technical Evaluation Report, as the said letter by the TIPO had clearly demonstrated the Technical Evaluation Report to be flawless and also indicated the nature of the Technical Evaluation Report as being merely a reference for exercising the rights to utility model patent, the TIPO’s letter cannot be disputed since it presented no legal binding effect.

Derived From The TIPO E-newsletter

Translated by Burke Tsai

International Affairs