Background arts indicated in the description of a patent application can be cited as evidence to invalidate the same patent

When filing a patent application for invention, the applicant is required to contain the background arts which he/she is aware of in the description of the patent application. In addition, the application has to disclose the problem(s) existing in the background arts that the invention aims to solve and its technical solution adopted to solve the problem(s) objectively.  When describing the foregoing, the applicant should quote the names of the background arts as far as possible in the application and may submit relevant materials reflecting such arts.  This is to enable the examiner to comprehend the connection between the invention and the background arts so as to proceed with search and examination. The aforesaid are all proclaimed in writing in Patent Act, Enforcement Rules of the Patent Act and Regulations of Examination in Taiwan.

The background arts contained in the description of the patent application not only belong to the same technical field of the invention but exist prior to the filing of the invention, so they certainly can be cited as evidence to invalidate the same invention patent.

Source: TIPO Newsletter

description of a patent applicationDelivered by: Sandy WANG (Ms.) / Senior Partner
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