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 Matters

Electronic 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 Applicant

In 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 Date

The 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 Period

Added an example of incorrect priority document to the “1.5 Documentation and Submission Timelines for Priority.”

V. Chapter 8 - Deposit of Biological Materials

Added 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 Rights

Revised “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 Revisions

Revisions to all other chapters made in accordance with the relevant revisions to official regulations and procedural examination.

• Publish Date : 2022-12-15
• Update : 2022-12-15
• Organization : International Legal Affairs Office
• Visitors : 1060