TIPO may withdraw the original disciplinary measures, and re-examine the patent application by itself
In order to protect the rights and interests of patent applicants and patentees, TIPO (Taiwan Intellectual Property Office) has comprehensively promoted the quality of patent examination and announced the “Illustrations of TIPO on its own revocation of the original disciplinary measures.” in accordance with the resolution of the Patent Coordination Meeting.
With regard to the office action statement of the first Examination, the second Examination or Invalidation, if any of the findings of this announcement are “deemed wrongful of the facts”, “incorrect applicable laws” or “procedural or formal elements violated”, TIPO may withdraw its original sanctions by itself and re-examine the patent application case again.
TIPO explained: according to Article 117 of the Administrative Procedural Law, after the period of legal remedy has elapsed, the original authority may, according to its functions and powers, cancel all or part of it. The higher authorities may also execute it.
In other words, after the administrative organization has made the administrative sanction, even though the people have already passed the legal appealing period, the administrative sanction should withdraw the administrative sanction if it is against the law. This practice should be applied to the legal relief period, and the people have legally filed Relief situation.
Accordingly, if the unqualified case is used as a citation basis for preliminary examination rejection statement, it is an offense against the law. TIPO may withdraw all or part of the case according to the terms of reference, nor should the procedure for re-hearing the applicant be premise.
In addition, for those cases that have applied for reexamination and paid examination fees, if TIPO find the instance instituted in this announcement at the preliminary examination stage, it shall, in addition to revoking the first instance approval certificate, refund the overdue payment and return to First examination stage, and re-examine the case again.