In Taiwan's invalidation procedure, once the IP Office has made a determination of the validity of each claim and held that the invalidation is groundless, the case may be appealed to the Board of Appeals and subsequently to the IP Court. According to the provision of Article 33 of the Intellectual Property Adjudication Act, during the course of administrative litigation, the invalidation petitioner may, in addition to relying on the originally filed evidence, submit new evidence in regard to such grounds as novelty or inventive step. On the other hand, the patentee, to dispel the effectiveness of the new evidence, may sometimes need to conduct post-grant amendment before the IP Office to prevent the claims from being invalidated.
