PENDING ISSUES REGARDING CORRECTIONS TO BE MADE DURING INVALIDATION PART
V
Wei-Ting Chou, Patent
Director, Patent Group I
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Master of Agricultural Engineering, National Taiwan
University
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Bachelor of Medical Engineering, National Cheng Kung
University
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Practicability for Subscheme A |
During the administrative remedy for an earlier invalidation
case, if a subsequent correction petition is filed for a
latter invalidation case, the Examiner should determine
whether the petition should be accepted according to the
content in the correction. If it is determined that the
correction will influence or change the basis according to
which the official decision was made, the correction
petition will not be accepted, and the latter invalidation
case will be examined based on the originally issued
version. However, if it is determined that the correction
will not influence or change the basis according to which
the official decision was made, the correction petition will
be accepted, and then, the latter invalidation case will be
examined based on the correction first. After the
correction is granted published, the latter invalidation
case will be examined based on the newly issued version. |
Practicability for Subscheme B |
During the administrative remedy for an earlier invalidation
case, if a subsequent correction petition is filed for a
latter invalidation case, the Examiner should determine
whether the petition should be accepted according to the
content in the correction. In principle, whether the
correction can be accepted is determined in the same way as
Subscheme A. However, if the subject in the original action
for all invalidation cases under the administrative remedy
is that all of the claims are not invalidated, a subsequent
correction petition can be exceptionally accepted. |
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