When a third party applies for reviewing the file wrappers of a laid-open or published divisional patent application, he/she should also be allowed to review the file wrappers of the original patent application without being subject to the limitations set forth in item 3 (3) of the <Main points for Applying for Reviewing Patent Documents>.
After the implementation of new Patent Act on January 01, 2013, the file wrappers of a divisional patent application do not contain the specification of the original patent application. However, when a third party applies for reviewing the file wrappers of a laid-open or published divisional patent application, it would be more unabridged if the specification of the original patent application can be contained. For example, when a third party would like to file an invalidation application against a divisional patent application after it is published based on the reason that the divisional patent application has extended beyond the scope of content of the description, claim(s), or drawing(s) of the original patent application, he/she has to use the specification, etc. of the original patent application as the basic data alleged in the invalidation. Therefore, it is necessary to allow the third party to review the file wrappers of the original patent application simultaneously while he applies for reviewing the file wrappers of the divisional patent application which has been laid-open or published.
Even though the original patent application has been withdrawn, hasn’t been accepted or has been dismissed before it is laid-open, the third party is still allowed to review the same.
Source: TIPO News published on June 07, 2013
http://www.tipo.gov.tw/ct.asp?xItem=456120&ctNode=7127&mp=1
Delivered by: JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAWOFFICES
TAIPEI, TAIWAN
http://www.jaw-hwa.com.tw
