Page 29 - 2018 Annual Report Taiwan Intellectual Property Office

TIPO ANNUAL REPORT
Invalidation and Administrative Remedy
Requests for Invalidation
617
The numbers of invalidation requests from 2016 to 2018 were 548, 525, and 567, showing a slightly upward trend.
2014 2015
2016 2017 2018 Year
602
548
525
567
There were 3,901 (1,386, 1,365, and 1,150 cases respectively) rejections following reexamination and invalidation disposals from 2016 to 2018. In the same period, there were 1,185 administrative remedy requests being filed against TIPO’s original disposals.
Of these, there were 875 appeal requests (313, 288 and 274 respectively) with a consecutive decrease. The rates of TIPO’s original disposals revoked by the Ministry of Economic Affairs from 2016 to 2018 were 5.0%, 4.7%, and 5.2%.
There were 310 administrative litigation requests being filed in the same period (104, 103, and 103 respectively). The numbers of administrative litigation cases concluded by the IP Court were 107, 98, and 112 respectively. There were 26 disposals by TIPO being revoked by the IP Court from 2016 to 2018 (including in favor of the plaintiff and partly winning and partly losing). The revocation rate in 2018 was 23.2% (18 cases or 16.1% in favor of the plaintiff, and 8 cases or 7.1% partly winning and partly losing). The revocation rate was the lowest in 3 years. The reason of revocation was mainly due to the IP Court’s disagreement regarding TIPO’s assessment of inventive step requirements, as well as the addition of new evidence prescribed in Article 33 of the Intellectual Property Case Adjudication Act.
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Requests for Administrative Remedy
Number of Reexamination, Rejections and Invalidation Disposals
Requests for Appeals
Requests for Administrative Litigations
Rate of Revocation of TIPO's Disposition
Number of Concluded Patent Administrative Litigations by IP Court
Number of Revocation of TIPO's Dispositions Rate of Revocation
128 24.3% 26.5% 7% 98
108
10.2%
29 11
107
23.2%
112
26 26 26
22.
1,419
426
122
1,248
367
127
1,386
313
104
1,365
288
103
1,150
274
103
2014 2015 2016
2017
2018 Year
2014
2015 2016 2017 2018 Year
27
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