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IPO PRACTICE FOR PRIORITY HANDLING OF CANCELLATION ACTIONS



According to Article 90 Paragraph 3 of the Pat-ent Act, where a patent cancellation action re-lates to a patent infringement litigation case, the Intellectual Property Office (IPO) may give pri-ority to examining such cancellation action. On 30 November 2006, the IPO announced the fol-lowing:

To protect both parties' interests and to im-prove the timeliness of courts' hearing of in-fringement litigation cases, the IPO will pri-oritize the examination of cancellation actions that relate to infringement litigation cases. No additional fees will be charged for priority examination of such cancellation actions.

When an application is filed for priority ex-amination of a cancellation action, a "Regis-tration Form for Litigation-Related Cancella-tion Action" should be filled out, which will be used to monitor the progress of examina-tion of the concerned cancellation action.

Since litigation-related cancellation actions involves procedural steps, such as submission of missing items, defense, defenses, on-site inspections, interviews, etc., computer ad-ministration and monitoring mechanisms will be used for such cases.
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