The role of the IP Court in patent invalidation

If the IPC finds some or all of the claims invalid based on the newly submitted exhibit(s), the court has discretion to either (i) remand the case to the TIPO for a decision on reopened invalidation proceedings, during which the patentee may submit post-grant claim amendments for overcoming the newly cited exhibit(s); or (ii) demand that the TIPO issues a decision rejecting the claims based on the IPC’s findings where no amendment from the patentee will be admissible. The IPC’s choice therefore affects the patentee’s ability to keep the patent alive.