經通國際智慧產權事務所

On July 19, 2007, the Taiwan Intellectual Property Office’s (TIPO) decision of rejecting the patent application with the title of “Electrode Material of Non-aqueous Secondary Battery” and the Committee of Appeal of the Ministry of Economic Affairs’ rejection against the subsequent appeal were upheld by the Taipei High Administrative Court. In the said decision, the Court noted that as set forth in Article 37-1 and 37-4 of Patent Act, a request of substantial examination should be filed within 3 years form the application filing date; and since the said applicant failed to file a request of substantial examination within the regulated period, the disputed patent shall be deemed withdrawn.

The disputed patent application was filed with the TIPO on February 12, 2003 and a request of substantial examination was only filed on February 17, 2006. The appellant provided the argument of that as set forth in Article 17-1 of Patent Act, the disputed patent “shall be dismissed, unless the delay to act within the given time limit or the failure in payment by the deadline has been corrected before an administrative decision is rendered by the Patent Authority”, and emphasized that the said request of substantial examination was filed before an official decision was issued by the TIPO. However, the Court noted that the “time limit” regarding substantial examination as set forth in Article 37-1 and 37-4 of Patent Act was legally unchangeable, and regardless of the issuance of an official decision, the withdrawal of the disputed patent application became effective upon the expiration of the said time limit.

Based on the reasons above, the Court rejected the administrative lawsuit filed by the appellant.

Organized and translated by Angela Shen

International Affairs