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In the past, amendments made by patentees during invalidation actions were required to be in accordance with the provisions of Article 64 of the Patent Act. To minimize excessive processing delays, if such a request was determined as ineligible by the terms of Article 64, TIPO would not notify the patentee and would continue with the invalidation action directly as originally submitted.
However, after further consideration, in cases where patentees submit incorrect or incomplete amendment requests (i.e. those that fail to meet the provisions of the Patent Act, Article 64), TIPO will now notify the patentee of the reason(s) for which the request was considered ineligible and will specify a deadline by which a response must be received, in order to better guarantee the rights of all patentees. To reduce further delays, TIPO will, in principle, only issue one such notice to the patentee.