In light of the maturity of communication technology and the changing social situation, the Taiwan Intellectual Property Office (TIPO) recently announced a draft amendment to the Program for Interviews for Patent Cases. The main points of the draft amendment follow.

1. According to the draft amendment, a party applying for an interview may request that the interview be held at an appropriate site other than the TIPO’s office, and if the request meets the stipulated conditions and thus is permitted by the TIPO, the interview may be conducted remotely. The draft amendment also provides the criteria under which a remote video interview is not permitted as well as the requirements that the appropriate site should meet.

2. According to the draft amendment, without the TIPO’s permission, taking photographs as well as recording and videoing or live broadcasting are not allowed during any video interview. In addition, the draft amendment provides that the record of the interview should be transmitted to and signed or sealed by the person(s) participating in the interview and then returned to the TIPO.

3. According to a judgement of the Intellectual Property Court, any person whose rights and legal interests will be affected by an invalidation action may file an administrative appeal against the concerned invalidation action and may file an administrative suit against the decision of the administrative appeal. Hence, based on the draft amendment, an interested party may attend the interview.

(Translated and summarized from the News and the attachment announced on the website of the Taiwan Intellectual Property Office)

*Section Chief of International Patent Division at Tai E International Patent & Law Office