Patent invalidation hearing is a public proceeding conducted by the Taiwan Intellectual Property Office (TIPO), during which both parties involved in an invalidation case are invited to present their arguments and clarify the issues in dispute. The hearing is reviewed by a panel of three examiners, and the outcome serves as the basis for the official decision. If either party disagrees with the result, they may bypass the administrative appeal process and directly initiate administrative litigation.

When & How to Request a Hearing?
A hearing may be initiated during the course of an invalidation proceeding in either of the following ways:

1. Requested by a Party
Either party (the petitioner or the patentee) may file a request for a hearing. If TIPO deems it necessary, the hearing will be conducted accordingly.
2. Initiated by TIPO Ex Officio
TIPO may also initiate a hearing based on its own authority, particularly in cases involving:

• Multiple invalidation filings or ongoing civil litigation
• Cases once dismissed by the higher authorities for retrial
• Matters with significant public interest or industrial impact
• Issues requiring interpretation of general legal principles
• Cases in which the inner conviction failed to be confirmed after the written examination

Who Can Participate and What Documents Are Required?

Depending on the applicant’s role, different documents are required to attend the hearing:

• Parties to the Invalidation Case: Must submit a Request Form for Invalidation Hearing.

• Interested Parties (e.g., licensees, transferees, parties to litigation) : May apply to attend as observers by submitting an Interested Party Hearing Attendance Application.

• General Public: May register online to attend as an audience.

Key Advantages and Legal Effects of Invalidation Hearings
Compared to written examinations, invalidation hearings offer notable advantages: 

• Panel Review: Cases are reviewed by a panel of three examiners, ensuring a balanced and thorough evaluation.
• Oral Arguments: Parties may present verbal arguments and engage in real-time discussion to clarify facts and resolve disputes.
• Transparency and Public Participation: Hearings are generally open to the public, allowing stakeholders to attend and express views where appropriate.
• Legal Efficiency: Decisions based on hearings bypass administrative appeals and directly to administrative litigation pursuant to Article 109 of the Administrative Procedure Act.

Conclusion

This hearing system strengthens procedural fairness and transparency in patent disputes. Through oral arguments, open hearings, and panel reviews, it promotes more accurate and credible decision-making while encouraging broader public participation. By allowing direct access to administrative litigation without the need for prior appeals, it also provides a more streamlined and efficient path to legal remedy.

Written by Yvonne Hou (Jaw-Hwa IP Team)

For detailed information on Patent Invalidation Hearings, please feel free to contact us via email (jawhwa@jaw-hwa.com.tw).