The appellate decision (Ref. No. 10306104980) issued by the Ministry of Economic Affairs indicated that when the Intellectual Property Office (TIPO) rejects the technical features claimed by a patent application as common knowledge in the art and lacking inventive step required by the Patent Act, the relevant evidence should be specifically cited, and the reasons for finding the technical features to be common knowledge in the art should be sufficiently and specifically stated, so as to meet the requirements set forth in the Patent Examination Guidelines that: “the Examination of an inventive step for a patent application should be directed to the claimed invention as a whole as recited by each claim…if the claimed invention is deemed lacking in the inventive step, in general supporting evidence should be provided; however, if the prior art is common knowledge such as well-known information written in dictionaries, textbooks, reference books, there is no need to provide evidence once the explanations are sufficiently stated in an Office Action and a Rejection Decision…”.

Ethan Wang