In order to provide a diversified, rapid and professional approach to resolve patent disputes, on the current basis, the Taiwan Intellectual Property Office (TIPO) amended the “Program for Hearing Patent Invalidation Cases” on June 11, 2024 based on the experience gained from the hearings held before and the feedback from different sectors, as well as the Administrative Procedure Act. The “Program for Hearing Patent Invalidation Cases” was also renamed as the “Directions for Hearing Patent Invalidation Cases” (hereinafter referred to as “the Directions”) and will serve as a basis for conducting hearings on patent invalidation cases. The key points of the amendment are summarized hereunder.
 
1. Strengthening the function of preliminary hearings
To facilitate the unobstructed progression of the hearing, the TIPO may hold a preliminary hearing and notify the parties concerned to be prepared for the following: (1) discuss and decide on the process of the hearing; (2) ascertain the admissibility of relevant documents and evidence; (3) formulate and simplifying the issues; (4) ascertain the post-grant amendments of the patent at issue; (5) reach an agreement on key points of defense and offense during the hearing; and (6) other matters concerning the hearing. Also, the Directions requires the parties should be bound by their agreement on the above matters. (please refer to point 5 in the Directions)
 
2. Clearly prescribing that the presiding official may convey his/her opinions to an extent appropriate on the case
The amendment further prescribes that the presiding official may convey his/her opinions to an extent appropriate on the factual, legal and evidential disputed issues of the case before the end of the hearing proceedings. (please refer to point 8 in the Directions)
 
3. Allow hearings to be conducted through video conferencing
The amendment also stipulates that where the parties or their agents, as well as interested parties, witnesses and expert witnesses, are unable to attend a hearing in person, if there are technological equipment for the transmission of voices and images between their location and the TIPO, allowing the TIPO to proceed with the hearing, the presiding official may, by request or ex officio, proceed with the hearing with that equipment where he/she deems appropriate. In case the hearing is proceeded via video conferencing, then the person(s) taking part in such video conferencing should be deemed to have attended the hearing. (please refer to point 9 in the Directions)
 
4. Clearly stipulating the effects of absence from the hearing
The amendment further stipulates that where one of the parties fails to appear at the hearing, the TIPO may, on the appearing party’s request, conduct a one-party hearing. However, in case of any of the following, the TIPO should reschedule the hearing: (1) where the party who fails to appear has not been legally summoned within a reasonable period of time; (2) where there is reason to believe that the failure of a party to appear is due to force majeure or other justifiable reasons; (3) where the appearing party cannot provide necessary proof for the matters which the TIPO should investigate on its own initiative; and (4) where the statements, facts or evidence presented by the appearing party have not been notified to the opposing party within a reasonable period of time. (please refer to points 6 and 9 in the Directions)
 
5. The gist in a question-and-answer format can be contained in the minutes of a hearing and audio and/or video recordings may be used to assist the taking of hearing minutes. (please refer to point 12 in the Directions)
 
(Translated and summarized from the Hot News announced on the website of the TIPO)