Newsletter
NEW PATENT CANCELLATION PRACTICE
On 14 April 2007, the Intellectual Property Of-fice (IPO) published an announcement regarding submission of evidence in support of a patent cancellation case as follows:
‧Where a petitioner for a patent cancellation case states in the cancellation brief that a pub-lished patent specification of a specific patent case is submitted as evidence for the cancel-lation case but only submits the relevant pages of the Patent Gazette covering the patent case instead, the IPO will not notify the petitioner to further submit the published patent speci-fication because the they can be found in the IPO's file; the IPO will serve the patentee with the Patent Gazette pages and ask the patentee to file a defense. However, if the patentee in-sists that the cancellation petitioner submit the published patent specification, the IPO will notify the petitioner to supplement it.
‧Where a petitioner for a patent cancellation case states in the cancellation brief that the relevant pages of the Patent Gazette are sub-mitted as evidence but only submits the pub-lished patent specification, the IPO will not notify the petitioner to submit the relevant pages of the Patent Gazette because the former material is more detailed than the latter.