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In response to suggestions from many quarters, the IPO has recently completed Chapter 9 of its Patent Examination Guidelines: Opposition Ac-tions, Cancellation Actions and Ex-Officio Examinations, which became effective on 10 July 2000. The guidelines apply to opposition actions, cancellation actions and ex-officio ex-aminations in respect of invention, utility model and new design patents, and cover the following main areas:
Purpose of opposition actions, cancellation actions and ex-officio examinations, and the legislative intent of the relevant legislative provisions.
Initiation of opposition and cancellation ac-tions and ex-officio examinations (qualifica-tion of parties; time limits; grounds for initia-tion; recording and amendment of facts and evidence for cancellation or opposition; prin-ciple of no examination of repeated actions based on same grounds and evidence).
Handling of opposition actions, cancellation actions and ex-officio examinations (defense; examiners' appointment, and withdrawal in case of conflict of interest; basic principles for examination; actions of parties during ex-amination proceedings; rules of evidence).
Decision and irrevocable decision in opposi-tion actions, cancellation actions and ex-officio examinations (decision; new deci-sion after cancellation of original irrevocable decision; effect of irrevocable decision).
The number of patent opposition and cancella-tion actions has been increasing in recent years. The introduction of the new guidelines should assist in the handling of such actions.
