In October 2014, a patentee, Applied Material, Inc., filed a petition with the TIPO to amend the specification of its Invention Patent No. 108112, which petition was approved by TIPO.  Rohm and Haas Electronic Materials LLC. disagreed with the TIPO’s decision and filed an appeal petition with the MOEA, which was dismissed.  In the appellate decision, the MOEA indicated that Article 67 of the Taiwan Patent Act clearly sets forth the applicable situations for which amendments of a granted patent may be made, and Articles 71-I-(1) and 81-I of the same Act also provide that improper amendments of a granted patent shall be brought to the TIPO’s review by way of an invalidation petition.  Compared to an appeal petition, an invalidation petition is the specific remedy provided in the statute for improper amendments and therefore should be utilized first.  Thus, instead of filing an appeal petition directly with the MOEA concerning the allegedly improper amendment, the appellant should have filed an invalidation petition with the TIPO for review.  The appeal petition as filed was therefore dismissed.