[Success Case]
Case No. 2011 Jing-Su-Zi 10006103790 [Decision Digest]
To our surprise, the original disposing authority did not notify the appellant of the new reason and give it an opportunity to express its opinion: how the correction of the claim made on May 6, 2011 is inconsistent with paragraph 4 of Article 22 of the Patent Act before determining that the patent of this case is not patentable. This is a failure to implement the due process specified by the law and is hard to comply with the intent of paragraph 2 of Article 46 of the Patent Act. The original disposition is obviously inappropriate.
(Collected by TIPO as a representative case in Compilation of Patent Administrative Proceeding Cases 2010-2011)
