Changes in the Taiwanese Patent Act

In Insights, Uncategorized

8 December, 2011

Further to our information relating to the Taiwanese Trademark Act, the Legislative Yuan on November 29, 2011, passed the draft amendment to the Patent Act proposed by the Executive Yuan. The date on which this Act takes effect will be decided by the Executive Yuan. It is estimated this Act will come into force one year after ratification of the President.

The main points further improving the Taiwanese patent system are summarized below. 

  1. The applicant can claim a grace period of six months prior to the filing date, due to own disclosure through printed publication.
  2. It will be possible to apply for reinstatement if the applicant unintentionally failed to claim priority, pay issue fee, or pay annuity fee within the statutory time.
  3. The applicant may file a divisional application within 30 days from when the notice of allowance is rendered.
  4. It will be possible to apply for a compulsory license to produce pharmaceuticals and export them to developing countries to solve their public health problems.
  5. Additionally, it will be possible for an applicant to file an invention patent application and a utility model application at the same time. However, TIPO will ask the applicant to select one of the applications when the patent application is allowed, and the unselected one does not exist ab initio.

The amendment to the Patent Act is aimed at encouraging and protecting inventions and creations in order to promote the development of various industries. This includes the encouragement of invention patents, utility model patents and design patents.

Magnus Nilsson, European Patent Attorney

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