News
1Template and Guidelines for Power of Attorney is Now Available on TIPO’s Website
To address issues of ambiguity and disputes arising from the language and terminology used in power of attorney during the patent formality check procedure TIPO has introduced a standardized template and provided guidelines for filling out Power of Attorney (POA) forms for patents. The template was created in accordance with current patent regulations and content requirements specified by IP 5. The templates and guidelines are available online for public reference.
2Tutorial Video on the Patent Application Document Error Detection System is Now Online!
TIPO introduced the Patent Application Document Error Detection System to the public on September 28. To use this system, applicants need to complete their patent documents in .docx format and then log on to the TIPO Net website. Users can access the "Patent Application Document Error Detection System [Beta]" dashboard by clicking on the link, and then import patent documents onto the system.TIPO has also created tutorials for the system to help applicants (or agents) become familiar with the operation. The goal is to improve the quality and efficiency of patent applications, as well as reducing turnaround for official documents between the applicants and the TIPO. The system is open to the general public.
3TIPO’s Q3 2023 IPR Statistics Report
In Q3 2023, TIPO received a total of 18,310 patent applications (including invention, utility model, and design patents), marking a 1% increase over the same period last year. Of these, the number of invention patent applications (12,670) also grew by 1%. Trademark applications stood at 23,632 cases, with a drop of 7%. For invention patents, TSMC (443 applications) has topped the list for eight straight years among resident applicants, while Samsung Electronics (285 cases) leapt to the top of the list of all non-resident applicants. For trademarks, Taishin (264 applications) and Tencent (38 applications) ranked first among resident and non-resident applicants, respectively.Patent ApplicationsTIPO received 18,310 patent applications, most of which were invention patents (12,670) marking a slight increase of 1%, compared to the same period (Q3) last year. The number of applications for both utility model (3,782) and design (1,858) remained relatively unchanged. In addition, resident applications for invention patents went up by 1% and non-resident applications for overall patents grew by 1% to 14% (Table 1).Most of the top 10 resident applicants for invention patents saw double-digit growth. TSMC filed 443 applications, outnumbering other resident applicants for eight consecutive years. Delta (67 applications) saw the highest growth rate with 103%, and Nuvoton (62 applications) hit a new record high (Figure 2).In terms of resident applicants for design patents, CGUST (33 applications), the only university in the top 5 applicant list, claimed the top spot for the first time, setting its all-time-high record and seeing the highest growth rate with 313%. Delta (14 applications) rose rapidly by 100%, and Hi-Joint Tech (10 applications) entered the top 5 list, claiming fifth place (Figure 3).Residents filed 4,830 invention patent applications (Table 1). Of these, the number of applications filed by domestic enterprises (3,912) and state-owned enterprises (21) grew by 6% and 91% respectively, while that of colleges and universities (375) and research institutions (105) fell. Further breakdown by firm size shows that applications from large enterprises (3,242) went up by 7%, whereas those from SMEs (670) dipped.The number of invention patent applications filed by foreign applicants (7,840) increased by 1% (Table 1). Of these, Japan filed the most with 3,100 applications, and R. Korea saw the highest growth of 28% (Figure 1). Among the top 10 applicants, Samsung Electronics (KR) leapt the top spot with 285 applications. Others include Coupang (KR) (168 applications), Tokyo Electron (JP) (168 applications), Resonac (JP) (67 applications), and Shin-Etsu Chem (JP) (65 applications), all of which reached their respective all-time-high records. In addition, applications from Coupang soared by 291%, the highest growth rate among all non-resident applicants (Figure 2).As for non-resident applicants of design patent filings, the number of applications filed by all the top 5 applicants showed positive growth. Of these, BMW (DE) came out on top with 63 applications (Figure 3).Trademark ApplicationsCompared to the same period last year, trademark applications reached 23,632 (covering 29,478 classes), going down by 7%. The number of applications filed by residents (18,790) and non-residents (4,842) both declined (Table 1).Most of the top 10 resident applicants saw positive growth. Taishin filed 264 applications, outnumbering all other applicants (Table 2). A breakdown by Nice classification shows that most applications (3,772) were filed under Class 35, “Advertising, Business Management, Retail and Wholesale Services, etc.” (Figure 4).Mainland China filed the most non-resident applications (1,246)(Figure 1). Most of the top 10 non-resident applicants also experienced positive growth. Of these, Tencent (KY) topped the list with 38 applications (Table 3). A breakdown by Nice classification shows non-resident applicants filed the most applications (983) in Class 9, “Computer and Technology Products, etc.” (Figure 5).The top 3 industry categories for trademark applications were “Agriculture” (6,303 applications), ”Business Services” (4,840 applications), and “Health” (4,745 applications)(Figure 6). Most residents filed applications under “Agriculture” (5,372), 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” (1,609).
4TIPO’s Search System for Music Information is Now Online
To facilitate public access to song information and copyright management details, as well as to streamline the licensing process, TIPO has created a search system for music information. The system integrates data from the International Standard Recording Code (ISRC) system, the Taiwan Popular Music Database, and copyright data managed by collective management organizations.Over 450,000 data records can be found on the site, sharing information about songs and copyrights management. Compatible with multiple devices, including Android and iOS, users can quickly and conveniently determine the CMO responsible for a particular song – useful information for acquiring licenses.The system is available to the public and all are welcome to use its services.
5TIPO Compiles Examples of Right of Priority Documents for Public Reference
In light of the significance of proper documentation to establish rights of priority, TIPO has specifically set up a database with examples of priority documents for patent applications on its website. The hope is to prevent errors when applicants submit documents and also, to uphold their rights. Applicants can refer to the examples to verify whether the document they received is indeed, a priority document.The database includes the most common examples of priority documents in recent years. It excludes specific patent content and removes any identifying information from the cover pages. Additionally, it provides non-priority document examples and notes on what applicants should be mindful of for reference.
62022 Trends & Comparisons: Taiwan Invention Patent Applications and WIPO PCT Applications
The number of applications for invention patents continues to grow in Taiwan. In 2022, 50,242 invention patents were filed in Taiwan, an increase of 2.3% due to surging growth between 9.4-16.1% in applications from the US, Mainland China and Korea. On the other hand, WIPO accepted approx. 278,100 PCT applications, marking the slowest increase of 0.3% in 13 years since 2009.Resident applications were mostly from the 6 major municipalities, as well as Hsinchu City and Hsinchu County, accounting for 92.3% of all invention patent applications filed in 2022. Applications from the top 3 cities (Taipei, New Taipei, and Hsinchu) collectively accounted for 55.4%, up by 4.7 percentage points compared to 2018. Applicants residing in Hsinchu City (4,455) filed the most applications in 2022, followed by applicants from Taipei City (3,154) and New Taipei City (3,129).In 2022, the field of semiconductors (with a share of 14.5%) had the most invention patent applications in Taiwan, followed by computer technology; computer technology claimed top spot (10.4%) in published WIPO PCT applications, followed by digital communication (9.4%).A further comparison reveals that the top ranking field in Taiwan, “semiconductors,” ranked tenth (accounting for 3.3%) at WIPO. This demonstrates Taiwan’s prowess and advantage in semiconductors. However, although “digital communication” and “medical technology” claimed two out of the top five spots in WIPO PCT applications, they were not among Taiwan's top ten technology fields of invention applications.Top filing countries (regions) mostly filed invention applications in “semiconductors” in Taiwan. In 2022, Taiwan received the largest number of applications in “semiconductors” from Taiwan, Japan, the US, Mainland China, and Korea (from 11.7% to 22.5%). Germany filed mostly in organic fine chemistry (10.8%).WIPO statistics reveals that applications from top filing countries were primarily in “computer technology,” “digital communication,” and “electrical machinery, apparatus, energy”. Mainland China (15.7%) and the US (13.1%) filed more applications in “computer technology.” Japan and Germany filed extensive patents in “electrical machinery, apparatus, energy” (approximately 11%). Korea filed mostly in “digital communication,” “computer technology” and “electrical machinery, apparatus, energy” (10%~11%).TSMC led in the number of invention patent application filings in Taiwan. For the fourth consecutive year, TSMC (1,534) filed the most applications in Taiwan in 2022, followed by Applied Materials (847, US), Qualcomm (763, US) and Samsung Electronics (666, KR). At WIPO, Huawei topped for the sixth consecutive year with 7,689 cases in 2022, followed by Samsung Electronics (4,387, KR) and Qualcomm (3,855, US); the latter two both claimed top 10 spots in Taiwan as well.“Semiconductors” accounted for most number of applications among the top 10 applicants in Taiwan. Six of the top 10 applicants in 2022 filed most applications in “semiconductors” in applications filed in 2019-2021, including TSMC (37.2% ~ 80.6%). On the other hand, six of the top 10 WIPO PCT applicants in 2022 had the most applications in “digital communication” (26.9% ~ 70.4%), including Huawei (CN).In comparison, Samsung Electronics (KR) filed mostly for “semiconductors” in Taiwan, and primarily for “digital communications” in WIPO – showing significant differences in their patent portfolio. On the other hand, Qualcomm (US) filed the greatest number of applications in “digital communication” both in Taiwan and WIPO, followed by “audio-visual technology” and “telecommunications,” exhibiting the smallest difference in patent portfolio.
72023 Taiwan Innotech Expo in October Showcase Latest Tech
The 2023 Taiwan Innotech Expo (TIE) will take place from October 12 to 14 at TWTC (Taipei World Trade Center) Exhibition Hall 1. The virtual exhibit runs from October 6, 2023 until March 6, 2024. With border restrictions lifting after the pandemic, the number of participating foreign countries this year has exceeded that of the previous three years, with a total of 20 countries and over 500 companies or inventors participating, showcasing nearly 1,100 innovative technologies.The Director General of TIPO Dr. Cheng-Wei Liao conducted a press conference before the event on October 4 at TWTC Exhibition Hall 1. Government officials were invited to kick off this year's exhibition, hinting at the exciting exhibits to come. A sneak peak of 15 exhibit highlights was unveiled in hopes of attracting more interested buyers and businesses to attend.This year, exhibiting areas include three theme pavilions (Future Tech, Innovation Pilot, and Sustainability) and the Invention Area. Works displayed will cover topics that concern the general public, including AIoT smart applications, precision health, semiconductors, carbon reduction and exchange, digital security, and more. Additionally, the Invention Area will feature winners of the prestigious National Invention Awards to showcase domestic invention talent.A total of 536 submissions from home and abroad will be displayed at the Invention Area, and the judging committee will examine the submissions accordingly. A final list of winners will be decided on October 12, and an awards ceremony will be held on October 14. The event is open to the public and all who are interested are welcome to attend one of the premier invention events in Asia.
82022 Trends & Comparisons: Taiwan Invention Patent Applications and WIPO PCT Applications
Of Taiwan’s invention patent applications, semiconductors (with a share of 14.5%) claimed the top spot among 35 technology fields in 2022, while computer technology (10.4%) took the lead for all WIPO PCT applications. In Taiwan, invention patent applicants from Taiwan, Mainland China, Japan, the US and R. Korea filed mostly in semiconductors, while the top 5 countries (regions) filed mostly in computer technology, digital communication and electrical machinery in WIPO PCT applications. As for applicants, TSMC and Huawei took the lead in Taiwan and WIPO PCT applications, respectively. Invention applications maintained modest growth in Taiwan, while WIPO PCT applications marked the slowest rate of increase in 13 yearsIn 2022, 50,242 invention patent filings were filed in Taiwan, an increase of 2.3% due to surging growth between 9.4%～16.1% in applications from the US, Mainland China and R. Korea. On the other hand, approximately 278,100 PCT applications were received by WIPO, marking the slowest increase of 0.3% since 2009. Of the applications, filings from Mainland China and Japan demonstrated a marginal growth of under 1.0%, while filings from the US decreased slightly at less than 1.0% (Fig. 1 and Fig. 2).Taipei and Hsinchu city collectively account for 55.4% of all resident invention applications in Taiwan in 2022Resident applications were filed mostly from the 6 major municipalities, as well as Hsinchu City and Hsinchu County, accounting for 92.3% of all PCT applications filed in 2022. The top 3 cities combined accounted for 55.4% in 2022, up by 4.7 percentage points compared to 2018 (50.7%). Looking only at cities, applicants residing in Hsinchu City (4,455) filed the most applications in 2022, followed by applicants from Taipei City (3,154) and New Taipei City (3,129). Furthermore, Miaoli County surged 84.9% to 538 (Fig. 3).In 2022, semiconductors topped in Taiwan, while computer technology led in WIPO PCT applicationsIn 2022, the field of semiconductors (with a share of 14.5%) had the most invention patent applications in Taiwan, followed by computer technology; computer technology claimed top spot (10.4%) in published WIPO PCT applications, followed by digital communication (9.4%) (Fig. 4).Furthermore, both the top ten technology fields for 2022 in invention applications in Taiwan and WIPO PCT applications included semiconductors, computer technology, electrical machinery, audio-visual technology, measurement, and pharmaceuticals. Of these, semiconductors topped all technology fields in Taiwan but ranked 10th with a share of 3.3% 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 five spots in WIPO PCT applications. However, they were not among Taiwan’s top ten technology fields of invention applications (Fig. 4).Certain top filing countries (regions) mostly filed invention applications in semiconductors in Taiwan, while primarily filing WIPO PCT applications in computer technology, digital communication, and electrical machineryFor invention applications received by TIPO, Taiwan, Japan, the US, Mainland China and R. Korea filed the most applications in semiconductors (with shares of 11.7~22.5%). On the other hand, Germany filed mostly in organic fine chemistry (10.8%), of which the top three technology fields did not include semiconductor (Table 1).WIPO PCT applicants from Mainland China (15.7%) and the US (13.1%) filed more applications in computer technology; those from Japan and Germany filed extensively for patents related to electrical machinery (approximately 11%). R. Korea filed mostly in digital communication, computer technology and electrical machinery (10%~11%) (Table 1).TSMC led in the number of invention patent application filings in Taiwan, while Huawei remained the top filer of WIPO PCT applications in 2022For the fourth consecutive year, TSMC (1,950) filed the most applications in Taiwan in 2022, followed by Applied Materials (847, US), Qualcomm (763, US) and Samsung Electronics (666, KR). Regarding WIPO PCT business applicants, Huawei topped for the sixth consecutive year with 7,689 cases in 2022, followed by Samsung Electronics (4,387, KR) and Qualcomm (3,855, US); the latter two both claimed top 10 spots in Taiwan as well (Fig. 5).Semiconductors accounted for most number of applications among the top 10 applicants in Taiwan, while digital communication had the greatest shares among the top 10 WIPO PCT applicantsSix of the top 10 applicants in 2022 filed most applications in semiconductors in applications filed in 2019-2021, including TSMC (37.2% ~ 80.6%). Of these, Nanya Technology had the most at 80.6% (Fig. 6). On the other hand, six of the top 10 WIPO PCT applicants in 2022 had the most applications published in digital communication (26.9% ~ 70.4%), including Huawei. Of these, LM Ericsson had the most at 70.4% (Fig. 7).Samsung Electronics had significant differences over its patent portfolio between Taiwan and WIPO PCT applications. Samsung Electronics filed mostly in semiconductors in Taiwan, while putting importance on digital communication for PCT applications. On the other hand, Qualcomm filed the greatest number of applications in digital communication both in Taiwan and WIPO. But Qualcomm had minor differences over its second largest technology field: audio-visual technology in Taiwan and telecommunications in PCT applications respectively. For both Taiwan and WIPO applications, Qualcomm’s third largest tech field for patent applications was computer technology.In comparison with Taiwan, there is more digital communication and health-related technology patenting in PCT applicationsSince TIPO was established in 1999, the number of invention patent applications in Taiwan has grown by 3.6% per year on average. Semiconductors topped all technical fields, followed by computer technology, electrical machinery, optics and audio–visual technology (Fig. 8). On the other hand, since applicants worldwide began filing patent applications through the WIPO Patent Cooperation Treaty (PCT) system in 2013, the number of PCT applications has grown by 11.5% per year on average. Computer technology ranked first in 35 technical fields, together with medical technology, digital communication, electrical machinery and pharmaceuticals, featuring among the top five technology fields (Fig. 9). In comparison with Taiwan, there is more digital communication and health-related technology patenting in PCT applications.For more information (in Mandarin), please visithttps://www.tipo.gov.tw/tw/cp-174-219414-a1c98-1.html
9TIPO Publishes 2023 IPR Seminar FAQ Online
TIPO offered the 2023 IPR Seminars at Taichung, Hsinchu, Tainan, Kaohsiung, and Taipei on July 24, July 26, July 31, August 1, and August 8 respectively. The seminars were attended by 354 persons.During the seminars, participants asked a total of 41 questions regarding seminar topics and TIPO’s services. TIPO has responded to these questions and provided updates, which are published on TIPO’s official website for public reference.
10TIPO Offers New Examination Services for Design Patents
TIPO is expanding the range of examination services for design patents, including options for accelerated examination and simultaneous adjustment of the deferred examination period for design patents:I. Accelerated Examination: To combat design infringement and assist design competition winners and new startups obtain rights to their design creations as quickly as possible, TIPO will begin accepting applications for accelerated examination of design patents from September 1. Applicants that meet one of the following criteria are eligible to receive examination results within two months of submitting a complete application:i. Third party commercial exploitation.ii. Design has been recognized by prestigious international or national design awards. TIPO recognizes the following design awards as prestigious: Taiwan's Golden Pin Design Award, Germany's iF Design Award, Germany's Red Dot Design Award, Japan's Good Design Award, and the United States' International Design Excellence Awards (IDEA).iii. Applications from new startup enterprises.II. Deferred Examination: To accommodate the commercialization timelines for foreign designs in Taiwan, TIPO has also amended regulations for the deferred examination period for design patents. Regardless of whether priority rights are claimed, the deferred examination period will now uniformly be set within one year from the application date. Applicants are welcome to make greater use of this provision.
11TIPO Releases IPR Statistics for the First Half of 2023
In the first half of 2023, TIPO received a total of 34,611 patent applications (invention, utility model, and design) and 44,653 trademark applications, representing a 0.4% and 4% decrease respectively compared with the same period last year. The number of invention patent applications stood at 24,256 cases. Among resident applicants, TSMC (1,171) outnumbered all the other domestic applicants for the seventh year in a row, and Samsung Electronics (430) leapt to the top of all non-resident applicants for the first time. Uni-President (239) and Saic-Gm-Wuling Automobile (84) topped the list for resident and non-resident trademark applicants respectively. Patent ApplicationsTIPO received a total of 34,611 patent applications. Of these, invention patents (24,256) accounted for a majority of all patent applications, seeing a slight decrease of 0.2%. Both resident (9,390) and non-resident applications (14,866) remained relatively unchanged. Utility model patents declined as well. On the other hand, design patents (3,508) increased by 2% due to a rise in resident applications (9%)(Table 1).Among the top 10 resident applicants for invention patents, TSMC (1,171) has topped the list for seven years straight. Mediatek (321) saw its highest growth rate of 114%, setting a new record in the company’s history by exceeding 300 cases. The number of applications filed by Mediatek, Innolux (181) and Inventec (132) both hit record highs since 2016 (Figure 2).For resident applicants of design patents, Acer (55) surpassed all other applicants once again. L&F Plastics (44) saw its highest growth rate of 76% (Figure 3).The number of invention patent applications from domestic enterprises (7,635) and research institutions (147) grew by 2% and 12%, respectively, while that of domestic colleges and universities (736) decreased. Applications from large enterprises (6,266) as well as from SMEs (1,369) increased by 2% and 3%, respectively.Non-resident applications for invention patents (14,866) were down by 1% (Table 1). Among the top 5 filling countries (regions), Japan led with 6,216 invention patent applications, and applications from both mainland China (1,683) and R. Korea (1,263) grew by about 20% (Figure 1).As for the top 10 non-resident applicants, Samsung Electronics (KR) leapt to the top spot with 430 invention patent applications, setting a new record by exceeding 400 cases. Coupang (KR) (159) saw the highest growth rate of 238% and reached its best ranking since 2016 (6th). Xi'an Eswin (CN) (126) entered the top 10 applicants list for the first time (Figure 2).For non-resident applicants of design patents, Cartier (CH) (72) claimed the top spot for the first time, hitting an all-time record high. Apple (US) (40) accounted for a huge growth of 12.3-fold, due to a lower baseline from the same period last year (Figure 3).Trademark ApplicationsCompared to the same period last year, trademark applications reached 44,653 cases (covering 56,198 classes) and saw a decrease of 4%, a shift from positive growth for 3 consecutive years. The number of applications filed by residents (35,169) and non-residents (9,484) both declined (Table 1).Among top 10 resident applicants, Uni-President claimed the top spot again with 239 applications (Table 3). A breakdown by Nice Classifications (NCL) shows that most applications (7,162) were filed under Class 35, “Advertising, Business Management, Retail and Wholesale Services, etc.” (Figure 4)Among non-resident applicants, mainland China filed the most applications (2,391)(Figure 1). The applications filed by the top 10 non-resident applicants all saw positive growth. Saic-Gm-Wuling Automobile (CN) led with 84 applications (Table 4). A breakdown by Nice Classification (NCL) shows that most applications (1,895) were filed under Class 9, “Computer and Technology Products, etc.” (Figure 5)The top three industries for trademark applications were “Agriculture” (12,198), “Business Services” (9,374) and “Health” (8,936). A majority of resident applications were filed under “Agriculture” (10,246), a rapidly growing portfolio mainly focused on the dining and hospitality industry, whereas non-resident applicants mostly filed under “Research and technology” (3,106) (Figure 6).
12New Feature on IPKM – Reference Sign(s) of the Drawing(s) for Documents of Taiwanese Invention and Utility Model Patent
TIPO used text recognition technology to build a new function on IPKM that allows users to browse reference sign(s) of the drawing(s) for documents of Taiwanese invention and utility model patent. This will hopefully help users better grasp the relationship between reference sign(s) of the drawing(s) and description when perusing patent documents. A pilot test of the new feature is currently available to the public.Main functions include:1. Side-by-side comparison: Clicking on a drawing will display the patent document and the drawing in a dual-column view, allowing for side-by-side comparison of the description and the drawing.2. Markings of reference sign(s) of the drawing(s):Reference sign(s) recognized in drawings will be highlighted in blue. Clicking on thesehighlighted markings will display their corresponding names.3. Find signs: Clicking on 'Reference Sign(s) of the Drawing' below the drawing and selecting 'Show All Elements' will list all reference signs. Clicking on an element name will quickly jump to the corresponding drawing and display the reference sign's position.
13Version 2.5.1 (New List of Goods and Services) of the Electronic Application System Released, Updates Must be Installed by August 14, 2023
In response to certain amendments to the list of goods and services, TIPO has released the latest version of the electronic application system on August 1, 2023. Please refer to the appendix titled "Updates to the Electronic Application System" for more information.The updated electronic application system employs HTML2PDF/WORD add-ons and E-SET. Users are reminded to execute the automatic updates for HTML2PDF and E-SET programs between August 1 and August 14, 2023. Alternatively, users can download and install the latest HTML2PDF/WORD add-ons v.2.5.1 and E-SET v.2.5.1 from TIPONet under "01 Case Application." Version 2.5.0 of both programs will no longer be accepted for electronic applications from August 15 onwards.
14TIPO Publishes English Version of Patent Examination Guidelines, Part II, Chapter 1
TIPO has released the English version of the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 1. Written Description, Claim, Abstract and Drawing” to enhance the international IP community’s understanding of Taiwan’s patent examination process. Moreover, it functions as a helpful tool for foreign applicants, enabling them to assess whether their patent applications meet the requirements specified in said Guidelines.To learn more about the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 1. Written Description, Claim, Abstract and Drawing,” please click the link provided below:
15TIPO Annual Report 2022 Showcases Taiwan’s Latest IPR Advancements
TIPO published its Annual Report 2022 in late June 2023, highlighting significant progress in Taiwan’s IPR development over the past year. Despite the challenges posed by local COVID-19 outbreaks, TIPO, alongside our dedicated colleagues, successfully implemented strategic initiatives to overcome the pandemic and meet annual performance goals. The past year saw notable achievements in areas such as patent and trademark examination, IPR legal regime, e-service improvements, promotion of IPR innovation, and international IPR cooperation, contributing greatly to the continuous enhancement of service quality provided by TIPO. For further information, please see:https://www.tipo.gov.tw/en/lp-309-2.html
16Amendment to the Regulations Governing the Determination of Patent Term Extention Come into Effect on July 1, 2023
TIPO previously required applicants seeking to extend patent terms on pharmaceutical products or manufacturing methods to submit documentation for the duration of all domestic and/or international clinical trials. Documentation was then sent to the Food and Drug Administration (FDA) of the Ministry of Health and Welfare (MOHW), the central competent authority, to confirm the clinical trial period required for issuing a drug license.On November 2, 2021, the MOHW announced an amendment to the Form for Data Exclusivity and Domestic and International Clinical Trials. The amendment included clinical trial data required for issuing a drug license within the scope of examination. To streamline administrative procedures and improve the efficiency of patent examinations, TIPO announced amendments to the Regulations Governing the Determination of Patent Term Extension on June 28, 2023, which came into effect on July 1 in the same year.According to Article 4 and Article 10 amendments, if the FDA has confirmed the examination data (regarding the period of domestic and/or international clinical trials required for issuing a drug license) submitted by the applicant, then TIPO is no longer required to send the same data in question to the aforementioned authority.
17New Green Trademark Analysis Report Reveals Uni-President’s Top-Ranking Performance
To help businesses better understand trends in green trademark registration in Taiwan and promote carbon reduction efforts, TIPO has compiled an analysis report on green trademark industries in Taiwan in the past decade, which examines green trademark application trends across major product classes in Taiwan. Uni-President Enterprises Corp. (“Uni-President”), Apple Inc., and Alibaba Group Holding Limited, a company based in the Cayman Islands, in particular, are some of the top applicants for green trademarks.Trademarks identify the source of goods and services and can serve as indicators of market trends and economic direction. As the world strives to preserve the green planet from rising temperatures, IP trademarks are just as important as technology in the race towards net zero emissions – appealing to many major corporations to take action and reduce carbon emissions.TIPO's report references EUIPO’s research into green trademarks in the EU, filtering trademarks with the Nice Classification listed on applications and further categorizing them into nine major categories of green products: energy products, transportation, energy saving, reuse/recycle, pollution control, waste management, agriculture, environmental awareness, and climate change. This was further subdivided into 35 categories. The report details the proportion of green trademarks in each category, in hopes of helping businesses establish green trademark portfolios, respond to climate change, and formulate net zero carbon emissions strategies.The report also revealed that in the past decade, green trademarks in Taiwan accounted for approximately 15% of the total trademark applications. Overall observations show consistent growth, with the average proportion being around 12.41% from 2013 to 2015, 14.72% from 2016 to 2019, and 15.87% from 2020 to 2022. It is evident that businesses are placing greater emphasis on establishing green trademark portfolios.For green trademark proportions across the nine major categories, the top three (in descending order) were energy saving, pollution control, and energy products – collectively accounting for over 80% of applications. This is clear indication that industry trademark portfolios focus mainly on these three areas.In terms of the nationality of green trademark applicants, Taiwan ranks number one, followed (in order) by Mainland China, Japan, and the US. Mainland China has had impressive performance in transportation, energy saving, pollution control, and waste management. Japan ranks in the top three across all major categories except for energy saving and climate change. The US has had outstanding performance in energy products, energy saving, reuse/recycle, environmental awareness, and climate change.Taking a look at the top three applicants across the nine major categories reveals that Uni-President, Apple Inc., and Alibaba Group Holding Limited from the Cayman Islands are consistent included within the rankings – making them major green trademark applicants in Taiwan. Uni-President and Apple Inc. dominated energy products, energy savings, and waste management, snagging either number one or number two. Uni-President in particular, has made it to the top three in all major categories except transportation and agriculture – a testament to the company’s commendable resolve to grow with Taiwan and strive for net zero emissions.Environmental factors have become increasingly important for businesses and consumers alike. To achieve net zero emissions goals, businesses need to bring new products to market and/or make existing products more sustainable. Green trademarks increase brand visibility and showcases the business’ dedication to sustainable values. TIPO recommends that businesses implement green trademark strategies as soon as possible to take full advantage of the benefits of having green trademarks, as well as market opportunities.
18TIPO’s Annual IPR Seminars Begin on July 24, 2023
The annual TIPO IPR Seminars shall be held in-person on July 24 in Taichung, July 26 in Hsinchu, July 31 in Tainan, August 1 in Kaohsiung, and August 8 in Taipei. TIPO Director General Liao shall be personally leading a team of senior TIPO officials to attend these seminars.This year’s seminars will explore five topics:1. Introduction to New Design Patent Regulations: Revisions to the Design Patent AEP (Accelerated Examination Program) and Deferred Examination Program.2. Metaverse Patent Trends and Application Considerations3. Analysis of Disputes Regarding the Interpretation of Patent Claim Construction4. Introduction to Trademark Agent Management Mechanisms and Accelerated Examination Programs5. Reminders on Patent and Trademark AffairsThe seminars also include panel discussion and participation is widely encouraged. Patent attorneys and patent agents are eligible to claim 2.5 OTJ training hours for attending the seminar.
19TIPO Invites the Public to Copyrights-Related Events in July and August
To increase public awareness of copyrights issues related to online content creation, operating social media accounts, and livestream auctions, TIPO has invited professional lawyers to speak at two copyrights-related seminars on July 14 and 28: “Copyright Issues Regarding Online Livestream Auctions” and “Copyright Issues in Operating Social Media Accounts.”TIPO is offering another two interactive panel discussions on July 19 and August 13: “Essential Copyrights Knowledge for YouTubers” and “Essential Copyrights Knowledge for Online Content Creators.” Invited speakers include well-known YouTube movie critic “Lessons from Movies” and graphic artist “ameow_lazygirl,” who will share the copyrights issues they’ve encountered in the past through discussions with professional lawyers. All four sessions will be held at the Upgrade Business Center Dunnan Location, and the public is invited to register and join.
20TIPO Publishes the 2022 Compilation of Selected Court Rulings on Trade Secret Cases on Official Website for Public Reference
To promote public understanding of the development of trade secret judicial practices in Taiwan, TIPO has published the 2022 Compilation of Selected Court Rulings on Trade Secret Cases. 19 cases were selected by sifting through trade secrets-related rulings between January and December of 2022, and then examined and categorized based on key issues: the three elements of trade secrets (confidentiality, economic value, and reasonable confidentiality measures), trade secrets infringement, Trade Secrets Act and relevant regulations (confidentiality preservation order), etc. Court rulings were summarized, compiled, and have been published on TIPO’s official website as of June 15, 2023 in the Trade Secrets section for public reference.
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