News
- 61
TIPO Releases the Reference Manual on Green Manufacturing Proprietary Technology within the Semiconductor Industry’s Supply Chain Transformation
Goals to reach net zero emissions by 2050 have become important policy priorities for governments across the world, who have gradually incorporated sustainability within their policies and regulations to drive greater discussion within the private sector on topics such as sustainability, reducing emissions, and the environment.Taiwan has the most developed semiconductor industry cluster and division of services in the world. As the industry continues to grow rapidly, wafer foundries must carefully weigh the balance between reducing emissions and maintaining product yield. Major concerns include how to resolve ensuing environmental pollution issues, how to recycle and reuse relevant materials, and how to replace or reduce the use of related compounds.TSMC, the global leading semiconductor manufacturer, has worked with equipment manufacturers since 2016 to develop energy-efficient green machinery for semiconductor manufacturing. They have also included energy-efficient requirements into procurement standards and specifications for new machines, becoming the world’s first semiconductor company to drive equipment manufacturers to adopt energy saving measures with advanced equipment.TIPO compiled a manual of proprietary technology and case studies of green manufacturing machinery from 10 businesses within TSMC’s supply chain. Through analyzing case studies, TIPO elaborates on the green manufacturing development status and trends of these suppliers, in hopes that this can serve as a reference for domestic semiconductor companies looking to transform their green manufacturing supply chains. - 62
Online Manual “Top 10 Internet Copyright Case Studies” is Now Available!
Recent developments in digital technology have introduced new and diverse uses of internet copyrights, e.g., P2P, embedded links, set top boxes, APP, etc. As the scope of use for copyrights has increased, related controversies and disputes have also ensued. To help copyright holders better understand how to protect their copyrights and users better understand legal copyright use, TIPO has compiled a list of judicial rulings in the past ten years regarding internet copyright issues.The compilation includes topics such as APP copyrights infringement, illegal distribution of set-top boxes, online gaming, or repurposing photos, posts/content, or video clips from other persons for online retail or e-commerce businesses, etc. Each case study also includes a summary of the relevant copyright issues and regulations, as well as practical judicial insights, to help readers understand important concepts and judicial opinions regarding internet copyright disputes. TIPO hopes the manual will prevent copyright infringements with internet use, thereby promoting proper use of copyrighted works. - 63
Revisions to Part I of the Patent Examination Guidelines Come into Effect on December 1, 2022
TIPO has made revisions to Part I of the Patent Examination Guidelines regarding procedural examination and patent rights management. Main revisions are as follows:I. Chapter 1 - Procedures for Filing Patent Applications and Related Patent MattersElectronic signatures are on the rise. As the documents submitted for patent applications are primarily governed by private law, an electronic signature may be accepted as long as both parties can agree to the validity thereof. TIPO has therefore revised "1.2.4 Signatures for Electronic Documents" to relax requirements for signature formats. The signee only needs to provide a form of signature (whether it be a signature, stamp, or electronic signature) that matches the signature on the application documents.II. Chapter 3 – Patent ApplicantIn accordance with adjustments made to procedural examination, revisions have been made to “3.1 Inventor Change," "4.1 Applicant Name or Title Change," "4.5 Inventor Name Change," and included case studies to help the public better understand the principle of examination. The revisions also specify that applicants who are able to rectify inconsistencies on documents submitted with their applications do not fall under this category. In accordance with a judicial ruling, TIPO also included a case study explanation regarding name changes for different applicants who belong to the same entity.III. Chapter 5 – Filing DateThe establishment of the filing date is closely tied to the patent applicant provided on the application. To clearly stipulate that the cause for decisions on postponement of the filing date, revisions were made to “1.1 Application” for further clarification. The three relevant scenarios were also listed as "Change in Applying Entity," "Addition of Listed Applicants," "Decrease in Listed Applicants.”VI. Chapter 7 – Patent Priority and Grace PeriodAdded an example of incorrect priority document to the “1.5 Documentation and Submission Timelines for Priority.”V. Chapter 8 - Deposit of Biological MaterialsAdded revision to "4. Documentation for Deposit of Biological Materials" stipulating that a depository not an international depositary authority (IDA) under the Budapest Treaty must include viability information as required documentation.VI. Chapter 19 – Change of Patent RightsRevised “6. Recordation of Pledge Establishment ” and “6.2 Requisite Application Documents” in accordance with changes to Article 67 of the Enforcement Rules of the Patent Act announced on October 20, 2022.VII. Other RevisionsRevisions to all other chapters made in accordance with the relevant revisions to official regulations and procedural examination. - 64
New Upgrades to TIPO’s Digital Services – Online Certificates for Patents and Trademarks Available from 2023
To ensure TIPO offers more comprehensive digital services that better align with global trends, TIPO plans to offer online certificates for patents and trademarks from January 2023. The paperless process will make it more convenient for right holders to obtain and save their certificates, as well as reduce the cost of printing and mailing paper copies – a beneficial step towards achieving sustainable development goals of conserving energy and reducing carbon emissions.For the applicant’s convenience, TIPO will not make online certificates mandatory for all. The applicant may choose either an online or paper certificate when requesting their patent certificate or paying trademark registration fees. Should the applicant require a paper certificate later on, those who choose to receive an online certificate may apply for a paper copy.Upon receiving notification from TIPO that their certificate has been issued, applicants can download the online certificate by entering their verification code at the specified site within six months. Applicants may also obtain their online certificates through the E-SET e-delivery system. Afterwards, applicants will be able to access their online certificates on the e-portal with their digital certificate, under “My Applications.”TIPO's online certificates will be provided via PDF formats for easy circulation. The online certificates will be equipped with anti-counterfeiting measures that require verification and digital signatures, as well as a QR code. Right holders may upload digital files of their certificates onto TIPO's system or scan the QR codes to quickly verify the authenticity of their patent certificates, as well as access any updates to the status of their rights. - 65
Revisions to the Industry Collaborative Patent Interview Pilot Program Will Take Effect Jan 3rd, 2023
TIPO has implemented the Industry Collaborative Patent Interview Pilot Program (hereinafter referred to as "the Program") from November 1st, 2021, to October 31st, 2022. The Program has been well received by the public. To further enhance the process of collaborative patent interviews, TIPO has made revisions to the Program and plans to renew the trial period for another two years. This Program aims to provide applicants with swift and smooth patent rights application experience and assist them in building their patent portfolio. The interviews with applicants allow patent examiners to better understand the application's advanced technical content, thus enabling them to conduct an efficient and high-quality examination. Patent applicants may proactively submit a letter of intent in paper or electronic form. - 66
Patent pledge registration will no longer require a patent certificate, and relaxation of the reasons for applying for the reissuance or renewal of a patent certificate
To relax regulations and safeguard the rights of patent holders and pledgees, revisions were made to the Enforcement Rules of the Patent Act and promulgated on October 20, 2022. The application process for patent pledges have been simplified, and reasons for reissuance or renewal of patent certificates have been relaxed. Highlights of the revisions are as follows:I. Deleted requirement that applicants filing for a patent pledge must include the patent certificate, as well as requirement stipulating that patent pledge information must be included within patent certificate.II. Added “Change in Requisite Information to be Included on Patent Certificate” as a reason for applying for the re-issuance or renewal of a patent certificate. Added the requirement for the Specific Patent Agency to void the original patent certificate upon the re-issuance or renewal of a new patent certificate. - 67
TIPO’s 2022 Trade Secrets Protection Enhancement Seminars for Businesses
To assist businesses in establishing comprehensive mechanisms for trade secrets protection, TIPO has collaborated with the Taiwan Association for Trade Secrets Protection (TTSP), the NSTC Central Taiwan Science Park Bureau, the MOEA Export Processing Zone Administration, and the MOI NPA Second Special Police Corps to hold 3 sessions of the Trade Secrets Protection Enhancement Seminars for Businesses. The seminars were held on September 16, 23, and October 7 at the Central Taiwan Science Park, New Taipei Industrial Park, and the Kaohsiung Nanzih Technology Industrial Park respectively, with 149 attendees engaging in lively discussions and exchange.Industry experts and judicial enforcement professionals were invited to speak, share their experience, and answer questions on four main topics: appropriate confidentiality measures for trade secrets protection, investigations of trade secrets infringement, enhancing management of trade secrets protection with case study examples, and SOP for reporting trade secrets infringement. TIPO hopes that the seminars can help businesses establish better systems to manage trade secrets protection and respond to trade secrets infringements. - 68
Comprehensive Guide to Domestic and Foreign Trademark Applications is Now Available!
To help industries better understand Taiwan’s trademark registration process, trademark protection and management, as well as important things to know when applying for trademarks overseas, TIPO has compiled the Comprehensive Guide to Domestic and Foreign Trademark Applications.The guideline provides businesses with tips on how to apply for domestic trademarks and the importance of applying for trademarks overseas. In addition to covering basic knowledge about trademark rights, it also touches upon resolutions for trademark disputes. At the same time, the guideline also provides relevant government resources in hopes of effectively assisting SMEs with difficulties in trademark protection. The guideline mainly consists of the following:1. The Benefits of Trademarks: Trademark basics, benefits of registering a trademark, and the branding process.2. Tips for Domestic Trademarks: Important information on applying for domestic trademarks and relevant regulations on trademark reproduction design.3. The Importance of Trademark Registration Abroad: Important information on applying for trademarks overseas, monitoring similar trademarks registered abroad and infringement, and strategies on dealing trademark squatting incidents abroad.4. Protection and Management of Trademark Rights: Protection of trademark rights, dispute resolution procedures, civil and criminal liabilities of trademark infringement, and defenses to trademark infringement.5. Government resources and services: TIPO provides relevant information on IPR; MOEA IDB provides assistance with branding; MOEA SMEA provides relevant information and counseling for new startups. - 69
The Trend Analysis Report of Smart Flight Control Technology of Drones is Now Available!
With the recent rise in commercial drones, their use is now visible in industries as wide-ranging as transportation, agriculture and animal husbandry, search, rescue, and patrol, as well as national defense. Drones have evidently become an important tool in the development of many major industries. Yet an integral and indispensable part of drone technology lies in smart flight control. The report details the development of domestic and international drone industries and targets smart flight control technology to conduct patent trend analysis.The greatest advantage of Taiwan’s drone industry is our thriving ICT and semiconductor industries. Taiwan has a complete supply chain for drone batteries, AI chips, microprocessors, camera lens assembly, image processing chips, etc. and has the advantage of being able to control R&D costs and facilitate systems integration. TIPO hopes that the report can help domestic industries better grasp the development trends in drone technology, which will serve as reference for future industry development. - 70
Trade Secrets Protection Seminars for Foundations and Academic Institutions
Collaboration between foundations, academic institutions, and corporations may potentially involve or yield trade secrets. As such, TIPO held the Trade Secrets Protection Seminar for Foundations and the Trade Secrets Protection Seminar for Academic Institutions on September 27 and October 20 respectively.The seminars covered topics such as the current regulations on trade secrets, real case studies, and trade secrets protection strategies. Participants also asked questions and shared their opinions and experiences during the seminar. The event helped foundations and academic institutions bolster the protection and management of trade secrets. - 71
TIPO’s Report on Net Zero Emissions Measures by International CMOs and Music Industries Shares Latest Updates on Carbon Reduction Measures Adopted by Music Industries Abroad!
Climate change and the environment are some of the major issues impacting our generation. As such, TIPO has compiled the Report on Net Zero Emissions Measures by International CMOs and Music Industries focused on efforts by the music industry to combat climate change. The report introduces carbon reduction and net zero emission measures adopted by foreign music industries and CMOs in the fight against climate change. TIPO hopes that by providing a reference for Taiwanese people, our music industries can transition to a more environmentally friendly and sustainable future.The report is available on the official TIPO website under Net Zero Emissions IP Information for public download. - 72
TIPO’s Q3 2022 IPR Statistics Report
In Q3 2022, TIPO received a total of 18,174 patent applications (including invention, utility model, and design patents) as well as 25,310 trademark applications, marking an increase of 0.2% and 2% compared with the same period last year, respectively. Invention patent applications saw a growth of 3%; TSMC, ranking first (277 cases) among resident applicants, outnumbered the others for the seventh year in a row, and Qualcomm (220 cases) led all non-resident applicants. The top 3 industry categories for trademark applications were filed under “Agriculture,” “Business Services,” and “Health.” Most trademark applications filed by residents and non-residents were under “Agriculture” (5,866 cases) and “Research and technology” (1,918 cases), respectively. Uni-President (191 cases) ranked top among resident applicants, whereas Ipplus Technology (150 cases) filed the most applications among non-resident applicants.Patent ApplicationsAmong the three types of patent applications, those for invention patents were the most filed (12,555 cases), marking a growth of 3% over the same period last year (Table 1). The increase was mainly due to the applications filed by non-residents. On the other hand, the number of utility model and design patent applications decreased.The number of invention patent applications from domestic enterprises (3,704 cases) fell by 1%. Of these, the applications filed by large enterprises (3,020 cases) grew by 0.3%, while that of small and medium enterprises (684 cases) decreased.As for resident applications, TSMC filed the most invention patent applications (277 cases), surpassing other domestic applicants for seven consecutive years. The number of applications filed by UMC (118 cases) and Innolux (89 cases) hit their historic highs, seeing a remarkable growth of 13.75 and 43.5 times, respectively, compared to the relatively low applications filed in the same period last year (Figure 2). The former ranked second among resident applicators, the highest position it has ever achieved since TIPO first published its Q3 record in 2012.In terms of design patents, Acer filed the most applications (40 cases) and retained the top spot for two consecutive years. Tarng Yu (15 cases) saw the highest growth rate, with an increase of 150% (Figure 3).Domestic invention patent applications filed by colleges and universities (454 cases) grew by 9%; of these, National Cheng-Kong University ranked first with 36 cases. Research institutions filed 132 applications, and ITRI topped the list with 47 applications. Banks, insurance companies, and securities and futures companies cumulatively filed 62 applications, with Mega International Commercial Bank as the biggest applicant (13 cases).For non-resident applications, invention patents (7,779 cases) grew by 5% compared to Q3 last year and accounted for the majority of all three types of patent applications (Table 1). Among non-resident applicants, Japan led with 2,942 invention patent applications, and those from the USA (1,973 cases), Mainland China (1,006 cases), and R. Korea (689 cases) increased by 9%-36%. As for design patents, Japan also came out on top with 197 applications (Figure 1).As for the top 10 non-resident applicants, Qualcomm led the list of invention patent applicants by filing 220 applications, followed by Applied Materials (218 cases) (Figure 2). Among design patent applicants, Koninklijke Philips ranked first with 49 applications; Apple and Cartier tied for second place, each filing 29 applications (Figure 3).Trademark ApplicationsCompared to the same period last year, trademark applications (25,310 cases) received by TIPO grew by 2%; the number of classes covered (32,105 classes) also showed the same growth rate. The number of resident applications (19,789 cases) was up by 4%, while that of non-residents (5,521 cases) decreased (Table 1) .In terms of the top 5 classes resident applicants filed under, most applications (4,071 cases) were filed under Class 35, “Advertising, Business Management, Retail and Wholesale Services, etc.” The applications under Class 41, “Education, entertainment, etc.” marked the highest growth rate with 18% (Figure 4). Most of the applications of the top 10 applicants increased. Uni-President filed 191 applications, outnumbering all resident applicants (Table 2).Among non-resident applicants, Mainland China filed the most applications (1,153 cases). The applications from Japan (980 cases), R. Korea (472 cases), and Singapore (458 cases) increased; all growth fell in the range of 26%-263%, while those from the USA (808 cases) dropped (Figure 1). In terms of application classes, non-resident applicants filed the most applications (1,089 cases) in Class 9, “Computer and Technology Products, etc.” The applications for Class 3, “Cosmetics and detergents, etc.” saw the highest growth rate with 10% (Figure 5). A first-time applicant, Ipplus Technology, filed 150 applications, outnumbering all other non-resident applicants (Table 3).The top 3 classes trademark applicants filed under were “Agriculture” (6,913 cases), “Business Services” (5,423 cases), and “Health” (4,900 cases). Most applications filed by residents were under the class “Agriculture” (5,866 cases), the majority of which were for the restaurant and accommodation industries. On the other hand, most non-resident applications were filed under “Research and technology” (1,918 cases) (Figure 6). - 73
Revisions to the Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks Take Effect on October 1, 2022
To help businesses better understand the “Geographical Marks” protected under Taiwan's Trademark Act and subsequently enhance the quality of patent examinations, TIPO has revised the Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks, which took effect on October 1, 2022. Main highlights are as follows:I. Its name was revised to “Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks” to reflect the sequence of the provisions.II. Added a separate chapter on “Geographical Marks” to promote and explain the registration process in Taiwan for the application of a geographical certification mark and geographical collective trademark.III. Regarding the applicant’s declaration that he/she does not own a business that is involved in the manufacturing and marketing of goods or provision of services of the kind being certified:i. Clear stipulations forbidding the applicant from registering a trademark in the same scope of the product or services being certified. Otherwise, the applicant is considered in violation of impartiality and the terms of the declaration.ii.The applicant may, given that he/she fulfills the other requirements, apply to register another trademark outside of the scope of the product or services being certified.IV. The regulations governing the use of the certified mark should clearly indicate the name of the products or services being certified:i. When applying for a certification mark, the applicant is permitted to list the overarching category in the name of the product or service being certified (e.g., food, electronics, etc.). However, to ensure that the name clearly corresponds to the conditions of use set forth in the regulations governing the use of certification marks, as well as to facilitate applications for the utilization of certification marks by any third-parties, TIPO followed the lead set by foreign counterparts and require that the names of products and services abide by NICE classification and be included as an annex in the regulations governing the use of certification marks for ease of publication.ii. The names of products or services listed for “products or services being certified” should match what is listed in the regulations governing the use of the certified mark and the application and shall not extend beyond the scope listed therein.V. Provide examples to illustrate the principles by which to determine what constitutes “obviously improper” – a term used in Article 30, Paragraph 1, Subparagraph 10 of the Trademark Act – with regards to the registration of certification marks, collective membership marks, and collective trademarks.VI. Additional case studies are added on the basis of supplementing the content for ease-of-understanding. - 74
Pilot Program for IP Info Cloud Services Began on August 3, 2022 – Patent & Trademark Open Data Downloads Available Now!
In response to government policy to promote better cloud services to the public, TIPO has been working on the IP Info Cloud Services Project since 2021. Application platforms on the public cloud have been constructed, and TIPO also plans to incorporate IP open data, trademark search, industry IP knowledge, and other services in several stages to provide rapid and reliable access to IP information and furnish a more comprehensive digital IP environment for Taiwan.TIPO has successfully finished the first stage of operations by setting up the IP Info Cloud Service and transferring the Patent & Trademark Open Data Website onto the new platform. The service is now operational and available to the public. - 75
TIPO Publishes Serialized IPR-Info Comic The Everyday Life of a One-Man IP Department on IPKM
To promote IP knowledge and practical applications to the public, TIPO’s platform dedicated to promoting IP information (IPKM) has created a serialized comic entitled The Everyday Life of a One-Man IP Department. The comic mainly discusses IPR management for SMEs and transforms practical workplace IPR issues into lighthearted workplace skits. Through this educational and entertaining publication, IPR information is made easy and fun, creating an accessible entry for more people to gain a deeper understanding of IPR.The comic is set in a fictional SME in Taiwan, and company employees in different positions bring their own perspectives – placing a highlight on the various IPR issues that may arise within a company. By constructing a conceptual basis for understanding IPR and its practical applications through the comic, TIPO hopes to assist Taiwanese businesses to gain a better understanding of IPR and prepare them for when they encounter IPR issues themselves.The Everyday Life of a One-Man IP Department is currently serialized on TIPO’s IPKM platform for the public to download. For updates on the comic series, please follow IPKM or TIPO's official FB page. - 76
2021 Comparison of Trends in Invention Patent Applications in Taiwan and WIPO PCT Applications
In 2021, TIPO received 49,116 invention patent applications, while WIPO received an estimated number of 277,500 international patent applications (PCT applications) filed under the Patent Cooperation Treaty (PCT). Of Taiwan’s invention patent applications, semiconductors (6,360) and computer technology (4,283) took the top 2 spots among 35 technology fields. However, computer technology (26,092) remained the main technology field among WIPO PCT applications, while semiconductors (8,346) ranked 10th. As for applicants, TSMC and Huawei took the lead in Taiwan and WIPO PCT applications, respectively. Moreover, Qualcomm and Samsung Electronics were both among the top 10 applicants in Taiwan and WIPO PCT applications.Invention applications rebounded in Taiwan while WIPO PCT applications maintained a modest growthOverall invention patent filings in Taiwan rebounded with an increase of 5.3% in 2021, following the decline in 2020 brought on by a drop in non-resident filings due to the COVID-19 pandemic. On the other hand, WIPO PCT applications grew by 3.6% in 2020, attributable to the surging growth in applications from China. However, the number of applications decreased in March and from September to year-end, seeing a slight yearly increase of 0.9% overall (Fig. 1, Fig. 2, and Fig.3).Taipei-Hsinchu accounted for 56.3% of resident invention applications in Taiwan in 2021Applicants residing in Hsinchu City filed the most applications in 2021, at 4,711, followed by applicants from Taipei City (3,282) and New Taipei City (3,007). The top three cities combined accounted for 56.3% of all applications filed in 2021, up by 6.2 percentage points compared to 2017. On the other hand, Hsinchu City saw the fastest growth (+23.3%) in 2021, followed by Hsinchu County (+7.9%) and New Taipei City (+1.6%) (Fig. 4).Semiconductors and computer technology took top spots in Taiwan and WIPO PCT applications, respectively, in 2021In 2021, semiconductors (6,360, +19.6%) topped the technology fields of invention patent applications in Taiwan, while the field of computer technology had the most WIPO PCT applications published (26,092, +7.2%). Both the top ten technology fields in invention applications in Taiwan and WIPO PCT applications included semiconductors, computer technology, electrical machinery, audio-visual technology, measurement, and pharmaceuticals (Table 1).Furthermore, semiconductors topped all technology fields, accounting for 12.9% of invention applications in Taiwan in 2021 but ranked 10th with a share of 3.2% in WIPO PCT applications. This indicates that Taiwan remains outstanding in the semiconductor industry. On the other hand, digital communication and medical technology claimed two out of the top three spots in WIPO PCT applications. However, they were not among Taiwan’s top ten technology fields of invention applications.Health-related technology fields grew both in Taiwan and in WIPO PCT applications, with pharmaceuticals reporting the fastest growth in 2021In Taiwan, pharmaceuticals rose by 26.3% in 2021, followed by biotechnology (+19.1%), while medical technology remained stable (-0.1%) after a surge in 2020. As for WIPO PCT applications, pharmaceuticals also had the fastest growth of 12.8% in 2021, followed by biotechnology (+9.5%) and medical technology (+6.0%) (Table 1, Fig. 5).Certain top filing countries (regions) that mostly filed invention applications in semiconductors, computer technology, or organic fine chemistry in Taiwan primarily filed WIPO PCT applications in computer technology, digital communication, or electrical machineryFor invention applications received by TIPO, Taiwan, Japan, the U.S., and the Republic of Korea filed the most applications in semiconductors (shares of 12.0~18.3%). On the other hand, computer technology accounted for the largest proportion of applications (13.9%) for Mainland China, while Germany filed the most in organic fine chemistry (11.6%). The top three technology fields of the two aforementioned countries (regions) did not include semiconductor (Table 2).WIPO PCT applicants from Mainland China (a share of 15.6%) and the US (12.4%) filed more applications in computer technology; those from Japan and Germany filed intensively for patents related to electrical machinery (10~11%). The top technology field in R. Korea was digital communication (11.5%). The top three technology fields of these countries did not include semiconductor (Table 2).TSMC led in the number of invention patent application filings in Taiwan, while Huawei remained the top filer of WIPO PCT applications in 2021As regards invention applicants in Taiwan, TSMC (1,950) filed the most applications in 2021, followed by Qualcomm (845) and Applied Materials (758). Industrial Technology Research Institute (ITRI), coming in tenth, is the only research institute among the top 10 applicants. The top 10 WIPO PCT applicants were all businesses. Of them, Huawei topped with 6,952 WIPO PCT applications published in 2021, followed by Qualcomm (3,931) and Samsung Electronics (3,041); the latter two both claimed top 10 spots in Taiwan as well (Fig. 6).Seven of the top 10 applicants in Taiwan were also top filers in the field of semiconductors, while most top 10 WIPO PCT applicants had the greatest shares in digital communicationSeven of the top 10 applicants in Taiwan (Fig. 6), TSMC, Qualcomm, Applied Materials, Samsung Electronics, Tokyo Electron, AU Optronics, and Kioxia, are also among the top 10 applicants in semiconductors. Furthermore, TSMC, Applied Materials, ASML, and AU Optronics claimed the top in computer technology, electrical machinery, optics, and audio-visual technology, respectively (Table 3).Six of the top 10 WIPO PCT applicants filed most applications in digital communication, including Telefonaktiebolaget LM Ericsson, Huawei, Guang Dong OPPO Mobile, LG Electronics, Qualcomm, and Samsung Electronics. On the other hand, Mitsubishi Electric had its largest share in thermal processes and apparatus, BOE Technology filed intensively in semiconductors, Panasonic Intellectual Property Management filed mainly in electrical machinery, and Sony filed most in computer technology (Fig. 7). For more information (in Mandarin), please visit https://www.tipo.gov.tw/tw/cp-174-219414-a1c98-1.html - 77
TIPO Publishes English Version of the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 12 Computer Software Related Inventions”
TIPO has released its English version of the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 12 Computer Software Related Inventions.” This should help to enhance the international IP community’s understanding of Taiwan’s patent examination process of computer software related inventions and improve services provided to foreign applicants of computer software related inventions. Those interested are welcome to access the Guidelines below.Click the attachment below to download the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 12 Computer Software Related Inventions.” - 78
TIPO has Added a New Chapter on “Green Industries” to the Industry Trademark Application Strategy Manual for Designated Goods and Services in Response to Goals to Reach Net Zero by 2050
The Executive Yuan has passed amendments to the Greenhouse Gas Reduction and Management Act on April 21, 2022. The Act has been renamed the “Climate Change Response Act,” and officially declares net zero emission of greenhouse gases by 2050. The specific approach targets greenhouse gases from the manufacturing, transportation, agricultural industries, as well as from residential activities and utilizes negative carbon technology (carbon capture, storage, and reuse) and natural carbon sinks (forests and ocean sorption) to balance carbon emissions in order to reach net zero emissions. TIPO has added the “Green Industries” chapter to the Industry Trademark Application Strategy Manual for Designated Goods and Services, and the chapter is divided into six fields: “Green Energy,” “Clean Energy Transportation,” “Carbon Rights, Carbon Economy and Related Commercial Trading of Electricity,” “Pollution Treatment and Reutilization,” “Green Buildings to Zero-Carbon Buildings,” and “Green Industry-Related Certification Mark, Certification Process Guidance, and Educational Training.” This distinction will help industries understand the scope of trademark rights they should get to protect their businesses, make the right choice of designated good or service when registering a trademark, and cross-reference the goods and services listed in the NICE classification for their industry. The Industry Trademark Application Strategy Manual for Designated Goods and Services is available for public reference. - 79
“Patent Trend Analysis of International Carbon Capture Technology” is now Available on the TIPO Website for Public Reference
To help businesses better understand the global patent trends in Carbon Capture, Utilization, and Storage (CCUS), TIPO has compiled graphics on the Patent Trend Analysis of International Carbon Capture Technology based on the three major themes of CCUS and according to the international patent classification (IPC) on carbon capture and sequestering, which were established in the 2010 WIPO IPC Green Inventory. The analysis also refers to the relevant classifications and key words in the Cooperative Patent Classification (CPC). TIPO used Derwent Innovation to compile patent information laid open/published by various countries before the end of December 2021 and conducted overall patent analysis, analysis of relevant technology patents, global flow of applications, and analysis of major patent offices. The full report is expected to be completed by the end of this year and shall be published on TIPO’s website. - 80
Revisions to the Examination Guidelines on Distinctiveness of Trademarks Were Promulgated on July 26, 2022, and Will Take Effect on September 1
To enhance the examination principles for distinctiveness of various types of trademarks, TIPO has promulgated revisions to the Examination Guidelines on Distinctiveness of Trademarks. TIPO has provided examples for different types of trademarks and ensured that the basis on which distinction is determined for trademarks aligns with current market transactions. Main revisions are as follows: I. Made adjustments to the different composition patterns of foreign alphabets; provision of reference examples for determining whether descriptions are designed and distinctive. II. Added assessment criteria and example explanations for “alphanumeric combinations” and “numbers” in response to differences in use between various industries. III. Added following categories with examples: “popular graphics,” “purely informational graphics,” and “commercial design graphics.” IV. Added criteria for country names, geographical images, and geographical names used in descriptions of product origin, as well as misleading use or misrepresentation thereof for product origin. V. Added assessment criteria and reference examples for names and portraits of well-known public figures who are recently deceased; to further exemplify what constitutes a “portrait,” additional cases for reference are also provided. VI. Added determining criteria for religious images and terms; added examination principles for marks related to traditional and cultural activities. VII. Revised criteria for slogans, common words, new terms, and technical terms, and adjusted the examination guidelines for “idioms.” VIII. Trademark graphics which include “the full name of the company” or “domain names” are considered strictly informational in order to prevent affecting the certainty of the scope of trademark rights and the function of correctly indicating the source of the product or service in the event that trademark rights are transferred or there is a change of name after registration.