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The Executive Yuan passed draft amendment to Patent Act

  • Date Posted:2016-09-08

The Executive Yuan passed draft amendment to Patent Act on August 4, 2016. The main objective of this amendment is to harmonize Taiwan's legal regime with TPP requirements. This amendment brings advantages in enhancing patent protection and moving Taiwan forward to TPP’s second round negotiation.

This amendment to Patent Act covers three key revisions:
1. Where the applicant disclose the technology and file the application within stipulated period of time which known as grace period, the disclosure made prior to the date of the filing of the application does not affect the patentability. This amendment extends the grace period to 12 months and sets out a more lenient requirement to disclosures. After revision, it is no longer mandatory to claim grace period on the date of filing of the application in response to the public’s request.

2. The term of patent begins on the date of filing of the application. But the patentee can only exercise this exclusive right after the patent applications is granted and published. A prolonged examination caused by unreasonable patent office delays may result in a shorter period of time for patentee's exercise. After revision the patentee can apply for patent term adjustment if unreasonable delay is inflicted.

3. In line with the introduction of patent linkage system in Pharmaceutical Affairs Act, the amended Patent Act’s provision will be added to clarify the basis for the patentee of new drugs to bring allegedly breach to court during the process of generic drug marketing approval.


Considering that the grace period extension is beneficial for industries in terms of future development, the revision will come into force once it completes legislative procedure. As for the effective date of other two key revisions, it depends on the progress of TPP negotiation and other responding measures steered by the Executive Yuan.