Newsletter
IPO PRACTICE ON PATENT CANCELLATION ACTIONS
According to Article 34 of the Patent Act, in case an invention, new utility model patent or new design patent is granted to an applicant that is not entitled to file it, if the rightful patent owner files a cancellation action within two years after the date on which the grant of the former patent is published and if the rightful patent owner files an equivalent patent case within 60 days after the date on which the cancellation of the former patent becomes irrevocable, the filing date of the former patent will become the filing date of the equivalent patent application filed by the rightful patent owner.
On 25 January 2007, the Intellectual Property Office announced that where when the rightful patent owner files a patent application under the afore-mentioned circumstances, the applicant need only submit a written patent application and a photocopy of the cancellation decision, as well as pay the patent certificate issuance fee and the patent annuities due.