News
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Revisions Have Been Made to Chapters 3, 6, 7, 8, 9, and 14 of Part II “Substantive Examination for Invention Patents” of the Patent Examination Guidelines, Which Take Effect on July 1, 2022
To reflect the practical needs of patent examination, TIPO has added new examination criteria and notes to the Patent Examination Guidelines, which include two applications (invention and utility model) for the same creation, disclaimers, final notice limitations, and deposit of biological materials. TIPO hopes to enhance the quality of patent examinations by providing unified standards. Main revisions include the following: I. Part II Chapter 3 “Patentability” Additional paragraphs 5 and 6 have been added under “5.7.2 Notes for Examination” for when two applications (invention and utility model) are filed for the same creation. Specifically, it details examination principles for the invention application if – during the examination of the invention patent, or after approval but before invention published – the utility model application is invalidated but has yet to be final and binding. II. Part II Chapter 6 “Amendments” Under “4.2.2 Permissible Omissions,” in the event that the applicant amends the claim by negative limitations to exclude any overlap with prior art (disclaimers) before the issuance of an office action from the patent examiner, the applicant should still provide the patent examiner with prior art documentation and an explanation for further assessment. If no such documentation is provided, the application is deemed to introduce new matter. Exceptions are made for applications where prior art is already disclosed in the descriptions, patent claims, or drawings of the original application as filed. III. Part II Chapter 7 “Office Action and Final Decision” Under 3.1.2 “Reduction of Patent Claim Scope,” stipulations in paragraph 6 that require “partial deletion of cited or dependent claims and a breakdown of remaining claims” have been moved to the newly added paragraph 7. It also states that besides the aforementioned situation, the additions of new claims are not included within the “reduction of patent claim scope” referred to in the revision limitations of the final notice. IV. Part II Chapter 9 “Corrections” Under “6. Notes for Examination,” patent examination principles have been added with regard to negative limitations to exclude any overlap with prior art (disclaimers) in accordance with revisions to chapter 6. V. Part II Chapter 14 “Biology-Related Inventions” A new paragraph (3) has been added to “4.2.4 Notes for Deposits” which stipulates that the applicant, in accordance with the provisions of Article 27 Paragraph 5 of the Patent Act, should include documentation proving that biological materials deposited in a depository designated by a foreign country in its territory exist and are viable. VI. Other Revisions Other revisions include changes to the wording to reflect new regulations, as well as to ensure consistency and prevent misrepresentation within all chapters. Link: Revisions to Chapter 3, 6, 7, 8, 9, and 14 of Part II “Substantive Examination for Invention Patents” of the Patent Examination Guidelines (Mandarin) - 82
TIPO Releases IPR Statistics for the First Half of 2022
In the first half of 2022, TIPO received a total of 34,753 patent applications for invention, utility model, and design patents, marking a 1% decrease from the same period last year, whereas trademark applications (46,578 cases) grew slightly by 0.4%. As for invention patents, applications from large domestic enterprises and domestic colleges & universities saw a growth of 3%, respectively, while applications from non-resident applicants increased by 6%. TSMC (1,163 cases) ranked first among resident applicants, and Applied Materials (438 cases) led all non-resident applicants. Most trademark applications were filed under the “Agriculture” industry. Uni-President (548 cases) and Guangdong Longshun International Logistics (85 cases) ranked at the top among resident and non-resident applicants, respectively.Patent ApplicationsThe number of invention patent applications (24,316 cases), accounting for a majority of all patent applications received by TIPO, saw a growth of 2% compared to the same period last year (Table1). The increase is mainly due to the growth in non-resident applications. However, the number of utility model and design patent applications declined. The number of invention patent applications filed by domestic enterprises (7,454 cases) fell by 3%, mainly because the applications in small and medium enterprises (1,332 cases) decreased. On the other hand, those from large enterprises (6,122 cases) grew by 3%, maintaining a robust R&D capability.In terms of resident applications, most of the top 10 invention patent applicants and top 5 design patent applicants were enterprises. TSMC (1,163 cases) outnumbered other applicants for the sixth consecutive year. Both Nanya (249 cases) and Innolux (179 cases) reached their respective all-time-high records and best rankings ever since TIPO first published the record in 2016. The latter, in addition, saw a staggering growth of 59 times compared to the same period last year (Figure 2). As for design patents, Acer (74 cases) filed the most applications among the top 5 applicants (Figure 3).The number of invention patent applications filed by domestic colleges & universities (840 cases) rose by 3%, whereas that of research institutions (131 cases) fell.In terms of non-resident applications, those for invention patents (14,960 cases) grew by 6%, accounting for the majority of all patent applications (Table 1). Of these, Japan took the lead with 6,193 invention patent applications among the top 5 filling countries (regions). The USA (3,759 cases) saw double-digit growth at 16%, and the others also registered positive growth except for mainland China (Figure 1). Moreover, the number of design patent applications filed reached 1,864 cases, and Japan came out on top with 519 applications (Table 1, Figure 1).As for top non-resident applicants, Applied Materials filed 438 invention patent applications and saw a growth of 44%, outnumbering all other applicants (Figure 2). Among design patent applicants, Ford Global occupied the leading place with 89 applications, and design patent applications of Cartier (43 cases) grew by 13 times, a significant surge compared to the same period last year (Figure 3).Trademark ApplicationsCompared to the same period (first half) last year, trademark applications (46,578 cases) received by TIPO showed a 0.4% increase; the number of classes covered (60,963 classes) also showed a 2% increase. The number of resident applications (36,449 cases) was up by 4%, while that of non-residents (10,129 cases) was down by 11% (Table 1). The share of resident applications was 78%, marking a 2% increase over the same period last year.In terms of application classes, resident applicants filed the most applications (7,378 cases) in Class 35 “Advertising, Business Management, Retail and Wholesale Services, etc.” and saw the highest growth rate with 67% in Class 30 “Coffee, tea, pastries, etc.” (Figure 4). All the trademark applications filed by the top 10 applicants saw positive growth. Of these, Uni-President filed 548 applications and saw a significant growth of 294%, ranking first among resident applicants (Table 3).On the other hand, non-resident applicants filed the most trademark applications (2,329 cases) in Class 9 “Computer and Technology Products, etc.” and saw the highest growth rate with 11% in Class 42 “Scientific and Technological Services and Research.” (Figure 5). 9 out of the top 10 applicants filed more applications even though the total number of trademark applications filed by all non-residents fell (Table 1 & 4). Of these, Guangdong Longshun International Logistics filed 85 applications, outnumbering all other non-resident applicants (Table 4).As for industry categories, most trademark applications received by TIPO were classified under “Agriculture” (15,092 cases), and resident applications (13,240 cases) represented the larger share. The agriculture industry also saw the largest difference (11,388 cases) in the number of applications between residents and non-residents. Among the top 3 industry categories, resident applications filed under “Agriculture” and “Business Services” and non-resident applications under “Research and technology” saw growth for two consecutive years. - 83
TIPO Signs MOU with the National Science and Technology Museum (NSTM) and Organizes the “Rising Stars in Invention” Special Exhibition
On June 24, 2022, the Taiwan Intellectual Property Office (TIPO) of the MOEA signed an MOU with the National Science and Technology Museum (NSTM). The event was witnessed by an inventor who represented recipients of the National Invention and Creation Award. TIPO and NSTM shall collaborate on the donation, collection, exhibition, advocacy, education, and promotion of award-winning entries for the National Invention and Creation Award to preserve important artifacts and maintain a record of the timeline for national inventions and creations. TIPO also hopes this will provide public service and education by facilitating the collection and exhibition of artifacts. The “Rising Stars in Invention” Special Exhibition was also held on the same day.The NSTM is located in Kaohsiung and is Taiwan’s first applied science museum. The NSTM is also one of the six museums under the management of the Ministry of Education. Therefore, in addition to preserving artifacts, it also bears the responsibility of promoting education. NTSM’s partnership with TIPO began in 2014 when they co-organized the donation and collection of award-winning entries for the National Invention and Creation Awards. Over 90 entries in 49 categories have been collected through 8 years (and four competitions) of effort. The official signing of the MOU will serve as a basis for the systematic collection of outstanding Taiwanese inventions and creations.The name of the exhibition, “Rising Stars in Invention,” compares the brilliance of each award-winning recipient and entry of the National Invention and Creation Award to that of a new star that shines a light into our lives. The hope is also that future inventors may visit the exhibit and become rising stars in the field of invention themselves. The exhibit is divided into five major areas: “Inventions are Everywhere,” “The Devil is in the Details,” “We Want You!,” “Creative Invention Mindset: TRIZ,” and “Classics for Posterity,” allowing visitors to view and experience excellent and representative inventions and creations up close. The exhibition is open until August 21, 2022, and all interested are welcome to visit Kaohsiung.The “Rising Stars in Invention” Special Exhibition is the first exhibit of its kind curated from award-winning entries and organized by TIPO and NSTM. Both shall continue to collaborate in the future and tap into their individual core strengths and advantages to collectively promote outstanding inventions and creations – ensuring widespread and comprehensive development for innovative technology and education. - 84
Partial Draft Amendments to the Copyright Act Passes Third Reading at Legislative Yuan to Meet Distance Learning Needs
In response to current technological developments, educational policies, and pandemic measures, the Legislative Yuan passed partial draft amendments to the Copyright Act by a third reading on May 27. The amendments target aspects of distance learning as an extension of the classroom, such as the rules for fair use of copyrighted works, allowing teachers to provide classroom instruction without worry. In accordance with digital education policies, the amendments also allow textbook preparers to transmit digital copies to teachers and students to promote the use of e-schoolbags and alleviate the burden of heavy backpacks for students. Additionally, to facilitate the cultural development of Taiwan, the amendments also enable the National Central Library (NCL) to digitally reproduce its collection, under certain conditions, for readers to access online within the library.Main amendments include:1. Fair use of copyrighted works by schools for registered students during distance learningCurrent law only allows teachers to print and distribute – to a reasonable scope – copies of copyrighted works to students during class. In response to technological developments and to ensure that teachers can provide remote education as they do in the classroom, the amendments stipulate that – within the necessary scope of classroom instruction – teachers may offer reference materials or information to students online. The amendments come in response to distance learning needs after school shut-downs due to the pandemic and aim to make education more effective, as well as to align with international and technological development trends.In addition, to avoid excessive infringement of copyrights, schools are required to take reasonable technical measures (e.g.: account passwords) to prevent students not taking the class from accessing the courses. Because remote education is instrumental to public interest, school teachers are exempt from obtaining paid authorization for the use of copyrighted works in their lessons to ensure that teaching activities can resume unimpeded. (Article 46)2. Not-for-profit remote education may use copyrighted works and are required to pay remunerationWith regard to remote education directed at the general public (e.g.: not-for-profit MOOCs education platform eDX, etc.,), current law only regulates television-based education like that of open universities and does not include rules for the fair use of copyrighted works for online education. As such, amendments were drafted to regulate the fair use of copyrighted works by educational institutions or schools for the purpose of distance online learning. Because use may vary from traditional and tv broadcasts to synchronous or on demand online transmissions, and the courses are aimed at the general public – a broader and different base than the aforementioned registered students – these institutions must still pay for copyright authorization within the necessary scope of education to ensure the rights of copyright holders.As for-profit distance learning activities (e.g.: online education provided by cram schools, etc.,) are not directed at public interests, the amendments stipulate clearly that paid authorization is required for use of copyrighted works to protect the rights of copyright holders. (Article 46-1 )3. Textbook preparers may transmit digital copies to teachers and students to meet the need for e-schoolbagsCurrent regulations stipulate that although textbook preparers may use copyrighted works to examine or compile textbooks, they may only provide paper copies of textbooks to teachers and students, which is unable to meet the need for e-schoolbags for students in the digital era. Therefore, amendments were drafted to allow textbook preparers to digitally transmit textbooks under reasonable conditions. In order to ensure the rights of copyright holders, remuneration must be paid for the authorized use of copyrighted works for the aforementioned situation. (Article 47)4. The National Central Library (NCL) may create a digital collection that is only accessible to visitors on the library's intranetWith the aim to facilitate cultural development with the National Central Library, the amendments allow NCL to digitally reproduce its collection in advance as a precaution against damage or loss, so that contemporary works may be better preserved at the NCL. Another amendment stipulates that the NCL and other library institutions may, under certain restrictions, allow readers to access the digital collection via computers within the libraries, in lieu of lending or allowing physical access to the original paperback. The amendments not only aid in the digitalization of library services but also facilitate the preservation of physical library collections. (Article 48)The MOEA emphasizes that digital development facilitates the diversified use of copyrighted works. The world has been impacted by the global pandemic in recent years and as such, distance learning has become an important form of education. The amendments were drafted in response to technological developments that facilitate educational instruction, the use of e-schoolbags, and the need for libraries to preserve their collections and provide digital services. These amendments to the Copyright Act – approved by the Legislative Yuan – align with Taiwan’s current need for digital education policies, promote development of diverse educational modes, and hold profound significance for the distribution of knowledge. - 85
Partial Draft Amendments to the Copyright Collective Management Organization Act Passes Third Reading at the Legislative Yuan
The Legislative Yuan passed partial draft amendments to the Copyright Collective Management Organization Act at the third reading on April 29. The amendments ensure smooth operation, increased transparency, and prudent management of Taiwan’s collective management system to protect the rights of members and facilitate circulation of copyrighted works. After adjustment, a total of 6 amendments were additions, and 15 were revisions – the main highlights of which are as follows:I. Introduction of a public consultation mechanismWhen a CMO applies for an establishment permit, TIPO shall make the information publicly available on their official websites for general copyright users to leave comments, which shall serve as reference for TIPO when processing the permit application.II. Term limits for management-level positions and internal controlsTo ensure that a CMO can fulfill its duty of good governance, the amendment would curtail the duration and number of terms for the positions of director and supervisor, reducing the possibility of a monopoly or any abuse of power. The amendments also stipulate the need for internal controls to manage personnel, finances, and operations, etc.; royalties must also be deposited in designated accounts to ensure CMOs conduct operations in a reasonable, prudent, appropriate, and transparent manner.III. Use of Technology to Enhance Management and Operations of CMOsTo facilitate the development and use of technology, a new amendment has been added that stipulates TIPO’s responsibility to counsel CMOs in the use of innovative technology for more efficient management and operations thereof, as well as to lower the cost of copyrights licensing.IV. Expansion of TIPO’s Supervisory and Guidance CapacityAmendments have been added ensuring TIPO’s authority to supervise and penalize any CMOs in violation of the law. TIPO is authorized to request that CMOs submit financial declarations and plans for improvement within a specified timeframe. TIPO also has the power ex officio to suspend or dismiss any directors or supervisors found guilty of illegal conduct. If the CMO commits a major violation of the law by misappropriating allotted funds or not allocating royalties in accordance with the law and fails to rectify their actions, then TIPO has the power to revoke its establishment permit and eliminate any CMOs not adhering to prudent management practices. - 86
Taiwan Signs MoU with India to Bolster IPR Cooperation
The Taiwan-India MoU on Intellectual Property Rights was signed by Representative Baushuan Ger of the Taipei Economic and Cultural Center in India and Director General Gourangalal Das of the Indian Taipei Association at the High Level India Taiwan Business Roundtable on May 18, 2022. The signing ceremony was witnessed by Vice Minister Chuan-Neng Lin of the Ministry of Economic Affairs and Director General Shu-Min Hong of the Taiwan Intellectual Property Office. The exchange of diplomatic instruments was subsequently completed on June 6, opening a new chapter of cooperation between Taiwan and India in the field of IPR.Under the framework of this MoU, both sides will jointly facilitate activities such as expert exchange programs, training courses, and experience exchange regarding IP awareness campaigns. Other collaborative efforts are also underway, such as facilitating the protection of traditional knowledge and setting up a joint committee to coordinate the implementation of related cooperation activities.India is an exceedingly important country in Taiwan’s New Southbound Policy. Not only will the signing of the MoU deepen both Taiwan and India’s understanding of each other's IP fields, but also enhance an IP protection environment for the benefit of industrial development and applicants of both sides. - 87
TIPO’s Q1 2022 IPR Statistics Report
In Q1 2022, TIPO received a total of 17,498 patent applications (including invention, utility model, and design patents), marking a 2% increase from the same period last year, whereas trademark applications (24,450 cases) grew by 0.3%. As for invention patents, applications from domestic colleges and universities saw a growth of 16%, and non-resident applications increased by 10%. TSMC came out on top (723 cases) among resident applicants, and Qualcomm (242 cases) led all non-resident applicants. Most trademark applications were filed under the “Agriculture” industry with resident applications taking a larger share; as for non-residents, applications in “Research and Technology” outnumbered other industries. Uni-President (220 cases) and Guangdong Longshun International Logistics (76 cases) ranked at the top among resident and non-resident applicants, respectively.Patent ApplicationsThe number of invention patent applications (12,534 cases) saw a growth of 5% compared to the same period last year and accounts for a majority of all patent applications received by TIPO. The increase is mainly due to a 10% increase in the number of non-resident applications. However, the number of invention patent applications filed by residents (4,697 cases) decreased somewhat. As for design patents, 1,636 applications were filed: the number of applications filed by residents grew marginally by 0.4%, whereas that of non-residents declined (Table 1).The number of invention patent applications from domestic enterprises (3,745 cases) fell by 2% mainly due to a decrease of applications in small and medium enterprises (748 cases). On the other hand, the applications filed by large enterprises (2,997 cases) remained steady.As for resident applications, all top 10 invention patent applicants and top 5 design patent applicants were enterprises. Although the number of invention patent applications filed by enterprises declined, 6 out of the top 10 invention patent applicants saw double-digit growth. TSMC topped the list with 723 invention patent applications - hitting a record high since TIPO first published the record in 2012. Both Innolux and Nanya also reached their respective all-time-high records by tying at 98 cases. Moreover, Acer and Crown MFG tied for first place, each filing 18 applications in design patent (Figure2, Figure 3).Except for enterprises, domestic applications filed by colleges and universities (371 cases) surged by 16%. Conversely, applications by research institutions (76 cases) decreased.For non-resident applications, those for invention patents (7,837 cases) accounted for the majority of all patent applications, growing by 10%. Among non-resident applicants, Japan took the lead with 3,555 invention patent applications. The number of invention patent applications of all top 5 filing countries (regions) increased. Of these, the USA and Germany saw double-digit growth. The number of design patent applications filed reached 859 cases, and Japan came out on top with 251 applications (Table 1, Figure 1).As for top non-resident applicants, Qualcomm led the list of top 10 invention patent applicants by filing 242 applications and Intel outnumbered others by a staggering increase of 914% (Figure 2). Among design patent applicants, PSA occupied the leading place with 38 applications, and BMW saw significant growth of 88% (Figure 3).Trademark ApplicationsCompared to the same period (Q1) last year, trademark applications (22,450 cases) received by TIPO showed a 0.3% increase; the number of classes covered (30,024 classes) also showed a 4% increase. The number of resident applications (17,358 cases) was up by 2%, while that of non-residents (5,092 cases) were down (Table 1). The share of resident applications was 77%, marking a 1% increase over the same period last year.In terms of application classes, resident applicants filed the most applications (3,501 cases) in Class 35 “Advertising, Business Management, Retail and Wholesale Services, etc.”, marking an 8% increase (Figure 4). Uni-President filed 220 applications and saw staggering growth of 358%, ranking first among resident applicants (Table 2).Mainland China filed the most applications (1,130 cases) among non-resident applicants (Figure 1). In terms of application classes, non-resident applicants filed the most applications (1,208 cases) in Class 9 “Computer and Technology Products, etc.” and saw the highest growth rate with 26% in Class 42 “Scientific and Technological Services and Research” (Figure 5). Guangdong Longshun International Logistics filed 76 applications, outnumbering all other non-resident applicants (Table 3).As for industry categories, most trademark applications received by TIPO were classified under “Agriculture” (6,346 cases), and resident applications (5,337) represented the larger share. The agriculture industry also saw the largest difference in the number of applications between residents and non-residents (Figure 6). Among the top 3 industry categories, resident applications filed under “Agriculture” and “Business and Financial Services” saw continued growth for two consecutive years. - 88
Chinese and English “Briefs of Classic Trademark Cases in Recent Years” Now Available
To assist domestic and foreign market participants and people from different sectors in further understanding the latest development of trademark-related laws and judicial opinions, TIPO has selected classic judgements made by Intellectual Property and Commercial Court in the past 5 years to accomplish 7 case briefs and their English translations. The content of these case briefs contains many important issues in the field of trademark, including how to determine the scope of goods in connection with which the trademark has been put to genuine use, the territorial limitation on genuine use of the trademark, the determination of likelihood of confusion between trademarks with low degree of similarity, whether the protective scope varies among well-known trademarks due to different levels of fame, the determination of the parody defense related to trademark infringement, keyword advertising and the determination of trademark infringement, the application of the defense of trademark exhaustion, etc., and it is believed that these case briefs can be very beneficial for those interested to have more complete understanding of trademark-related laws and practices in Taiwan. Welcome to access the case briefs below. - 89
NT$ 250,000 in Prizes: Registration for the 2022 Competition for Patent Portfolio Analysis is Now Open!
The 2022 Competition for Patent Portfolio Analysis has officially commenced and will run from now until June 17. Anyone with an interest in the development of IP strategies and portfolios are invited to participate and exchange views on industry trends and patent portfolio analysis.The competition, organized by TIPO, has reached its second year. TIPO aims to encourage commercial use of strategic patent portfolios and foster future patent portfolio professionals in industry and academia with the competition and has therefore, tied the theme with the NDC’s Six Core Strategic Industries.Contestants will conduct patent searches, statistical and chart analysis on the Global Patent Search System (GPSS), which is the main platform where the competition shall take place. GPSS also allows for advanced analysis, such as technology function matrixes, directly on the platform.Patent search analysis can reveal information of interest to businesses, such as the level of core technologies, industry positioning, competitor relations, the evolution of technology, and future trends in technology development. Patent searches can also explore valuable patents to help businesses build their patent portfolios and develop competitive strategies.TIPO is offering a free 12-hr course on patent searches and industry analysis, which will hopefully provide them with valuable practical training. The courses will delve into the field of patent searches, industry analysis, and patent portfolios, as well as instruct contestants on the various search and analysis functions of GPSS. TIPO hopes that with the additional training, contestants will be able to enhance their understanding of patent search and analysis – fostering IP professionals for the future and ensuring Taiwan’s competitive edge in the global community.NT$ 250,000 has been allocated for prizes to attract greater participation, and TIPO will be hosting a series of warm-up events online during the registration period. An expert seminar is scheduled for May 12, and patent experts with many years of practical experience have been invited to share their knowledge and explain important concepts.A warm-up workshop on May 19 will provide practical information on how to build a technical framework before conducting patent searches, and then apply the knowledge to the ongoing competition. TIPO hopes this will help emphasize the importance of having a thorough understanding of the industry before conducting the patent search. Individuals with an interest in the development of IP strategies and portfolios are invited to sign-up. Contestants must register in groups of three to five, and registration will close on June 17, 2022. Please register online or submit the registration form via mail. - 90
TIPO & Taiwan Patent Attorneys Association Co-host the Awards Ceremony for the Patent Specification Drafting Competition for the Youth
The Taiwan Intellectual Property Office (TIPO) partnered with the Taiwan Patent Attorneys Association (TWPAA) on April 26 to host Embracing IP to Chase Dreams – the 2022 Entrepreneur’s Forum, which is part of the 2022 World IP Day event series. The top three contestants - “WIPO’s Penghu Bay (WIPO的澎湖灣)”, “Tokkyo Heidan (特許兵團)”, and “the IPR Trio (智權王道三人眾)” - of the Patent Specification Drafting Competition for the Youth were acknowledged in an awards ceremony just before the forum began.The Patent Specification Drafting Competition for the Youth was held concurrently in three separate locations (i.e., North, Central, and South Taiwan) and attracted many contestants. In fact, registration closed before the deadline when a total of 29 teams of students from 19 Taiwan colleges and universities signed up and filled the registration limit.Contestant teams took classes and competed over a period of two days (April 16 & 17), and the three winning teams were selected by a panel of judges consisting of industry experts and government officials.Each year, TIPO hosts various events to celebrate World IP Day. The theme this year - IP and Youth: Innovating for a Better Future – focuses on encouraging the younger generation to cultivate curiosity and creativity in the post-pandemic era, emphasizing that those brave enough to innovate and change will always remain competitive.This year’s main event is the Patent Specification Drafting Competition for the Youth (翻轉青年:創意專利寫手獎), which uses the Chinese characters “翻轉” to express change, disruption, and new creations. It hopes to inspire creative thinking amongst the younger generation, so that one day, they may turn these dreams into reality. During the two days of the event, undergraduate students were introduced to basic concepts in IPR and patent specifications, in hopes that with the guidance of professional instructors, youths may practice converting creative ideas into tangible IP assets.Among the contestants, several teams were composed of students from different universities: “Long Sheng Boys (龍昇大帥哥)” from National Chung Hsing University and Chung Shan Medical University; “Growing Profits (利來順收)” from Shu-Te University and Sun Yat-sen University; “REVERSAL DESTINY” from National Central University and Chung Yuan Christian University; “the IPR Trio (智權王道三人眾)” from National Defense Univeristy, National Central University, and Taipei Tech; “Taiwan Corgy Loves Dumplings (台灣柯基吃餃子)” from National Tsing Hua University and Taiwan Tech; and “IP NOVICES (智財NOVICES)” from National Chung Hsing University and Fu Jen Catholic Univerisity.In addition to teams with students from different universities, participants also included several graduate and doctoral students, as well as students majoring in the STEM sciences (e.g., electrical and mechanical engineering) and IP-related disciplines. Other fields of study include law, applied mathematics, biomedical sciences, and senior citizen services – even students majoring in Chinese and history were enrolled in the competition. The diversity of majors attests to the fact that invention and creation is an endeavor that transcends the boundaries of traditional disciplinaries – anyone brave enough to innovate can become an inventor. - 91
Bid to Join CPTPP: Legislative Yuan Approves Draft Amendments to the Copyright Act, Trademark Act, and Patent Act
The Legislative Yuan passed draft amendments to the Copyright Act, the Trademark Act, and to Article 60-1 of the Patent Act on April 15, 2022. The amendments, which cleared the third reading, ensure that Taiwan’s IPR laws comply with the CPTPP’s regulations and will hopefully facilitate future negotiations for Taiwan to join the CPTPP.I. Main amendments to the Copyright Act:Instances of illegal digital piracy, distribution, and public transmission which constitute serious infringement are now considered offenses indictable without complaint. “Serious infringement” is determined by the following three criteria: infringement of work provided not for free by another person; reproduction in their original form (100% reproduction); and infringements causing damages exceeding NT$1 million.Optical disc piracy is no longer a major source of infringement and will therefore revert back to general liabilities for reproduction and distribution. As such, provisions which increased penalties for the reproduction and distribution of pirated optical discs, as well as for confiscation and forfeiture thereof, have been deleted accordingly.II. Main amendments to the Trademark Act:To increase the sales and profit of trademark owners and enhance the protection of trademarks, criminal provisions for counterfeiting labels of trademarks or collective trademarks have been added, and criminal liabilities now apply to some preparatory and contributory acts of infringement including the importation of counterfeit labels and packaging of trademarks.According to the existing Trademark Act, the subjective condition for counterfeiting labels to be held civilly and criminally liable is that the acts were carried out “knowingly.” This condition has since been deleted and civil liability will revert to “intentional” and “negligent” acts, whilst criminal liability will be determined by “intentionality”.III. Main amendments to the Patent Act:The CPTPP provides a patent linkage system, a mechanism that enables patent holders to resolve disputes with generic drug manufacturers prior to their marketing of an allegedly infringing product. The patent linkage system was implemented on August 20, 2019, under the Pharmaceutical Affairs Act. As such, the Patent Act was amended accordingly to clearly stipulate that should a generic drug manufacturer make a P4 declaration when applying for a generic drug permit, the patent holder may file an infringement suit against said manufacturer.If the patent holder does not file a suit within the stipulated time period, the generic drug manufacturer may file a declaratory judgement to ascertain whether any infringement has occurred, which will prevent future infringement lawsuits after the generic drug is launched. - 92
2022 National Invention and Creation Award
The Taiwan Intellectual Property Office (TIPO) of the Ministry of Economic Affairs (MOEA) holds the 2022 National Invention and Creation Award to celebrate creativity in research and development and motivate the public to engage in innovation. Entries are accepted from April 11 to July 28, 2022, and inventors, utility model creators, or designers who have been granted a patent within the last 6 years are encouraged to vie for the highest accolade by entering their best works.TIPO has established the National Invention and Creation Award to honor innovative achievements and recognize exceptional patents in Taiwan. Its $100,000-400,000 NTD grants are intended to encourage outstanding creative efforts and acknowledge awardees' inventive contributions, aiming to act as a catalyst that unleashes the innovative potential of Taiwan.Please visit the website (available only in Chinese), call 02-2325-6800 #820, or email [email protected] for detailed information on the 2022 National Invention and Creation Award registration process. - 93
2022 World IP Day Celebratory Event – Patent Drafting Competition for the Youth!
The theme of the 2022 World Intellectual Property Day on April 26 is IP and Youth: Innovating for a Better Future, highlighting the creativity, ingenuity, and curiosity of the younger generation. The youth are the driving force of change and active creators of a better future, expressing their opinions fearlessly and boldly challenge the status quo. In celebration of World IP Day, TIPO seeks opportunities to promote the importance of IPR and the role it plays in encouraging innovation and creativity.TIPO and the Taiwan Patent Attorneys Association (TWPAA) jointly organize the Patent Drafting Competition for the Youth, inviting students from universities and colleges (including graduate students) to participate. In addition, TIPO will provide pre-competition courses, offering lessons that cover the strategies of acquiring and utilizing intellectual property rights, the means to patent an idea, and case analyses and discussions. Said concepts will be explained in simple terms, allowing the participants to gain an in-depth understanding of patents and the ability to complete a patent specification. Experience-sharing and feedback sessions will also provide participants with additional opportunities to learn and grow. The event will be held in Taipei, Taichung, and Kaohsiung on April 16 and 17.As part of World IP Day celebrations, in addition to the Award Ceremony of the Patent Drafting Competition for the Youth, TIPO and TWPAA will also be holding the Embrace IP and Pursue Your Dreams - 2022 Entrepreneur Seminar, where young entrepreneurs will be invited to share their successful experiences.A series of events will also be held that week in celebration of the special day: seminars such as Social Media and Virtual Reality vs. IPR, Careers in IP, and Laws regarding IP and Creations in the New Age. Moreover, throughout April, Information Session for Trademark-Related Laws will be held for the youth, young startups, as well as burgeoning industries in general; IP Training Camp on Campus, a promotional activity focusing on copyright protection, will also be underway.The series of activities in celebration of World Intellectual Property Day are designed to foster respect and a deeper understanding of intellectual property, push forth and implement the protection of IPR, and create an environment where domestic innovation and R&D can continue to flourish and thrive. - 94
Remote Patent Application Interviews Available March 1, 2022
An effective interview can expedite the patent examination process. However, applicants may not always be available to be interviewed at TIPO in person or join video interviews at TIPO service centers. The Ministry of Economic Affairs has thus amended the sixth point of the "Operation Directions of TIPO, MOEA for Patent Interviews" and implemented the new measure of Remote Video Interviews for Patent Applications on March 1, 2022. Applicants and patent agents are able to select a remote location to conduct trilateral video interviews at their convenience. For example, a video interview can still be held when the patent applicant is in Japan, the agent at their own office in Taiwan, and the examiner at TIPO. This measure applies to patent application and reexamination cases but does not apply to invalidation cases. - 95
The 2022 EU-Taiwan Seminar on Design Protection a Success Thanks to Everyone’s Participation and Support!
The Taiwan Intellectual Property Office (TIPO) has partnered with the European Economic Trade Office (EETO) to host the 2022 EU-Taiwan Seminar on Design Protection on March 9th, 2022 (Wed.) at the GIS MOTC Convention Center.For the seminar, Pieter Veeze (Senior Lawyer at the Benelux Office for Intellectual Property), Adriana (Rianne) van Rooden (Policy Officer at DG GROW, European Commission), Stephan Hanne (Policy Officer at DG Trade, European Commission), Professor Chung-Hsin Chang (Assistant Professor at Soochow University), Ming-Feng Hsu (TIPO Senior Patent Examiner) were invited to share and exchange on the differences in Taiwan’s and the EU’s approach to design protection, the challenges and opportunities arising from global digitalization, and the interaction between copyright and design protection.Over 188 attendees from the private sector, government agencies, and academia participated in this seminar either online or in-person to exchange experiences and perspectives with Taiwan and European experts and cultivated a space for active discussion. - 96
TIPO’s Updated Online Trademark Registration System Now Available!
TIPO has updated the trademark online registration process and interface to make it easier for applicants to apply for trademarks online. With our new guided design, users can complete registration in just 5 steps.The new system was launched for service on February 15, 2022 for three forms: traditional trademark applications, amendments, and withdrawals. TIPO is planning to add color, sound, and 3D trademark applications as well as divisional applications and applications for change prior to registration in the third and fourth quarters of 2022. Among the planned additions, the scope of the trademark application service will be expanded to include collective trademarks, certification marks, and collective membership marks at the same time. TIPO will be overhauling the online trademark registration system to ensure user convenience.The new system will be compatible with different browsers and mobile devices. New complementary functions include converting wordmarks into images, image conversion online, a search engine for trademarks, etc. Please feel free to log on and browse through our latest services. - 97
Registration Now Open for the Seminar on Increasing Patent Capacities and Values!
TIPO is hosting a Seminar on Increasing Patent Capacities and Values to share patent practices with corporations and advance the quality of their patents. For the seminar, TIPO will be offering customized patent courses, to be delivered by patent examiners at TIPO, based on company demands. We are accepting applications from SMEs until March 31st. - 98
TIPO Publishes Case Studies on IT Patent Examination
In order to protect innovation and establish clear standards for patent examination, TIPO has updated Part II, Chapter 12 of the Examination Guidelines for Computer Software-Related Inventions, in response to industry changes. The revisions came into effect on July 1, 2021.TIPO also provides 20 case studies across the five major fields of IT – AI, IoT, blockchain, cloud applications, and big data – to help applicants better understand the basis on which patent applications are assessed and ensure that patent examiners utilize the same concepts during examination. The compendium of case studies, Case Studies on IT Patent Examination, is available to the public and includes both patentable and non-patentable requests to illustrate, step-by-step, how the patentability of each request is considered.Case Studies on IT Patent Examination explains patentability criteria such as the definition, clarity, and inventive step of the invention, as well as whether it can be carried out by a person ordinarily skilled in the art. Also included within the compendium are detailed, step-by-step descriptions of how each criterion is considered, making it easy for IT patent applicants to follow the process and facilitate their own application. This will also ensure better quality software-related patents for Taiwan in the future. - 99
TIPO Sets Up Net Zero Emissions IP Info Section to Facilitate Industry Use of Carbon Reduction Technologies
Reaching net zero emissions by 2050 is considered a collective goal by the global community, and as such, TIPO has set up a dedicated Net Zero Emissions IP Info section to provide information on green technologies and AEP requests for related patents, including:Green Technology Patent Analysis: Includes the Carbon Reduction Technology Development Patent Map, as well as patent analysis reports for hydrogen fuel cell vehicles, smart grid, electric assisted bicycles, off-shore wind energy.AEP Requests for Green Technologies: The scope of eligibility for the Accelerated Examination Program has been revised and expanded from “green-energy technologies” to encompass “green technologies”, and the examination time has been shortened from nine to six months.Quick Green Technology Patent Search: Established the “Green Technology Section” in the Global Patent Search System (GPSS). The new section includes search criteria such as biofuel, wind energy, thermal energy storage, allowing users to quickly search through global patents of a particular field through one simple click.TIPO will continue to compile information on IP research related to green technology and make it available to the public by uploading it to the Net Zero Emissions IP Info section. - 100
2022 EU-Taiwan Seminar on Design Protection
To facilitate the bilateral exchange of intellectual property rights-related discussions between Taiwan and the EU, TIPO has partnered with the European Economic and Trade Office (EETO) to host the 2022 EU-Taiwan Seminar on Design Protection. The seminar will focus on differences in Taiwan’s and the EU’s approach to design protection, the challenges and opportunities arising from global digitalization, and the interaction between copyright and design protection. Everyone interested in the design protection systems of Taiwan or the EU is welcome to register.Date:9 March 2022, 15:50-18:45 (Taipei Time) / 08:50-11:50 (Brussels Time)Venue:3F GIS MOTC Convention Center【You can also participate in the virtual meeting at the Information Center of TIPO in Taichung, Tainan and Kaohsiung. 】