The amendments in terms of Post-Grant Amendment of Patent Examination Guidelines become valid on January 1st, 2017
In Patent Examination Guideline for Post-Grant Amendment, the key revisions are: 1. reorganization of the contents in judging substantially enlarge or alter the scope of the claim(s), 2. changes in the method of judging the adding technical features to the claim(s) for post-grand amendment, 3. increments of post-grant amendment types, and 4. rearrangement, addition and amendment of example cases.
Regarding to reorganization of the contents in judging substantially enlarge or alter the scope of the claim(s), if there is not overlapping between the original and altered of the reorganization, nor conflicts and unidentified contents, then the contents of reorganization would not be withdrawn.
Regarding to changes in the method of judging the adding technical features to the claim(s) for post-grand amendment, if there is not substantially enlarging claim scope, the contents of reorganization will not be withdrawn.
Regarding to increments of post-grant amendment types, the patent owner can advocate Right of clarification to waive the announce request of simultaneously applying invention and utility, according to the update Taiwan patent law article 31 and 32.
Regarding to rearrangement, addition and amendment of example cases, if the internet evidences are provided, then the evidence provider should provide original proof; if the evidences are not written by Mandarin, then the evidence provider should provide Mandarin translation.