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.
21Mobile Applications for TIPO’s TWCA Digital Certificates are Now Available
TIPO commissioned TAIWAN-CA (TWCA) to issue mobile certificates to optimize our digital application services and enhance compatibility with mobile devices. These certificates will support services such as online trademark applications, My Dashboard, My Cases, and other related services that require mobile certificate signing and identity verification.Visit TWCA's certificate application site and fill out the form to apply for mobile digital certificates. You will be required to submit documentation and send the application either directly to TWCA’s Taipei office or to TIPO offices in Hsinchu, Taichung, Tainan, and Kaohsiung.
22Taiwan South Korea Design Patent Priority Document Exchange Launch on July 1, 2023
Taiwan and Korea signed an MoU on the Electronic Exchange of Priority Documents (PDX) for Design Patents on November 12, 2021. Following the completion of relevant system development, Taiwan Intellectual Property Office (TIPO) and the Korean Intellectual Property Office (KIPO) launched the PDX program on July 1, 2023.Priority Documents are required in the event that a subsequent patent application is filed with a priority claim. Under the MoU on the Exchange of Industrial Property Information and the Electronic Exchange of Priority Documents signed in 2015, the PDX program has been applicable to invention and utility model patent applications. As the aforementioned program has been put to extensive use by applicants from both countries since its implementation, TIPO and KIPO decided to include design patent priority documents in the program. Upon its implementation, this initiative significantly reduced applicants' time spent on mailing paperwork and streamlined cross-country application procedures, resulting in a more comprehensive and robust priority document exchange mechanism.
23TIPO held the Seminar on AI Chat Bots & ChatGPT Copyright Issues
Open AI's ChatGPT is the latest buzz topic in technology. ChatGPT is capable of conversing with users through text like a real human being, and it can also assist with translations, calculations, coding, and other functions. But training an AI chat bot often requires copious amounts of material, many of which concern copyrights held by other persons.To help the public better understand the copyrights issues that may arise with these types of chat bots, TIPO has organized a seminar on AI Chat Bots & ChatGPT Copyright Issues. The seminar took place at 2pm in the afternoon on June 9 in Room 201 at the GIS MOTC Convention Center. The event was also streamed live on the Original Creation x I Support You FB Page, as well as on TIPO's official FB page.
24Online Preliminary for the IP Trivia Competition Begins in June
In order to enhance the public's understanding of copyrights, TIPO will hold the first ever IP Trivia Competition this year. Registration is open from now until June 30, and all who are interested are welcome to join.The competition is divided into two phases: an online preliminary and an individual finals. Participants register for one of two categories: “Middle and High School Division” or the “University and Professional Division.” Common copyrights questions are incorporated into trivia questions. All participants in the online preliminary have a chance of winning a NT$200 convenience store voucher. To encourage widespread participation, one hundred participants with the highest scores will be selected from each division to participate in the finals – competing for the ultimate title. A total of over NT$60,000 will be awarded in prizes. Don't miss out!For IP Trivia Competition updates, please follow the Original Creation x I Support You FB page.
25The Highest Honor in the Field of Patents – The Awards Ceremony for the National Invention and Creation Awards
To encourage industry innovation and patent inventions, the MOEA tasked TIPO and the Department of Industrial Technology (DOIT) with organizing the National Invention and Creation Awards and the National Industrial Innovation Awards respectively. The awards give recognition to organizations, teams, and individuals from the industrial, academic, or research spheres that have created added value for technology through incorporating innovation or commercializing invention patents. The hope is that through public recognition, we can encourage domestic businesses, research institutions, and individual inventors to value technological innovation and prompt exchange between the industrial, academic, and research spheres – contributing to the effort of furnishing greater innovation for Taiwan’s industries and technologies.The joint award ceremony for the 2022 National Invention and Creation Awards and the 8th Annual National Industrial Innovation Awards was held on May 15, 2023. Awards were given to 23 organizations, 7 teams, and 16 inventors, as well as 43 patent submissions. The ceremony occurs only once every two years. Vice Premier Cheng Wen-tsan and Economic Minister Wang Mei-hua were in attendance and personally handed out the awards to recipients. A total of almost 300 attendees, including recipients and reporters, came from various industries and bore witness to how innovation prospers within Taiwan industries.Winning entries from the 2022 National Invention and Creation Awards will be featured at the 2023 Taiwan Innotech Expo (TIE) Outstanding Inventions Pavilion between October 12 and 14. All who are interested are welcome to attend the 2023 TIE and view the winning entries for themselves.
26IP Youth Ambassadors Poised for Action - Applications for Advocacy Campaigns Now Open
TIPO is proud to announce the completion of training for 112 IP Youth Ambassadors, who are now prepared to embark on a nationwide mission to promote intellectual property rights. IP advocacy campaign applications are open to elementary, junior high, and senior high/vocational high schools, providing an opportunity to cultivate intellectual property awareness.Recognizing the significance of instilling a profound respect for intellectual property rights from a young age, TIPO organizes annual IP Youth Ambassadors Programs. This program aims to train college students as seed teachers for IPR advocacy. This year, three training sessions were conducted in northern, central, and southern Taiwan. Experts were invited to impart essential knowledge of IPR, delve into emerging copyright issues, and provide guidance on effective advocacy techniques. The program aims to facilitate students' understanding of intellectual property rights and their practical application through relatable real-life examples.TIPO emphasizes that with the rapid development of the Internet and relevant technologies, students have greater access to and utilization of IP. To foster a culture of respect for intellectual property rights among young individuals, TIPO conducts said program for college students, equipping them to serve as advocates for IPR. These trained students are then organized into groups and sent to schools at all levels, including elementary, junior high, and high schools. Through engaging teaching methods such as drama performances and interactive games, the aim is to cultivate the youth's understanding and appreciation of IPR.Schools interested in these IP advocacy campaigns are encouraged to contact the executive unit of the event, FeliZ Communications Group Ltd., at 02-8786-9798, extension 171 (Ms. Lee) or extension 165 (Mr. Chen). Alternatively, they can directly go to the "Copyright x I Support Originals" Facebook fan page for further inquiries.
27IP Youth Ambassadors Program Came to Successful Close!
In 2023, TIPO held three sessions of the IP Youth Ambassadors Program aimed at undergraduate students. The training mainly consists of IPR professional courses and activities to facilitate skill training, helping college students become seed teachers for IPR. They are heading out in teams to elementary, middle, and tertiary schools and promote IPR knowledge through fun and interactive activities to help these concepts take root.The three sessions this year were held in North, Central, and Southern Taiwan on April 16, 22, and 30 at the New Taipei City Sanchong Worker’s Activity Center, Feng Chia University in Taichung, and the National University of Kaohsiung. We invited Mann C. C. Liu, a copyrights expert and lawyer from InfoShare Tech Law Office, C. T. Mai, Manager at patent and trademark attorney office Tsai, Lee & Chen, and Ming-Shu Tsai from Jia-He Attorney’s Office to speak on IPR concepts. We also invited Supervisor Wei-Ren Su from the Chinese Recreation Guidance Association to share skills on how to lead activities. A team of seed instructors with extensive experience in leading group activities were invited to share relevant experience, allowing students to benefit from their professional knowledge and learn how to respond to various situations. A total of 112 persons completed training for this year’s IP Youth Ambassadors Program.
28Translation Requirements for XML Serialization have been Relaxed in Compliance with WIPO ST.26 Standards – With the Changes Effective Immediately
TIPO has implemented the WIPO ST.26 standard since August 1, 2022. In order to enhance the convenience of preparing Chinese translations of XML sequences and expedite the application process, we have relaxed the Chinese translation requirements for XML sequences, effective immediately. Only the invention title, applicant, and inventors need to be translated into Chinese. Other specific limited term contents are no longer required to be translated. For applications notified by TIPO of any missing Chinese translations in the XML sequence, if they meet the criteria of the relaxed requirements, they will also be applicable for the changes.TIPO suggests that patent applications in languages other than Chinese, which include nucleotide or amino acid sequences, should also include a separate XML English sequence listing. This recommendation aims to facilitate the identification of the date on which the necessary documentation is complete and the following examination. The Implementation of WIPO ST.26 Standard Q&A had been revised accordingly.
29TIPO’s Q1 2023 IPR Statistics Report
In Q1 2023, TIPO received a total of 17,226 patent applications (including invention, utility model, and design patents), marking a 2% decrease over the same period last year. Of these, the number of invention patent applications (12,486 cases) remained steady. Trademark applications stood at 21,494 cases, with a drop of 4%. As for invention patent applicants, TSMC ranked first (752 cases) among resident applicants, while Applied Materials (182 cases) led all non-resident applicants. The top resident and non-resident trademark applicants were Uni-President (102 cases) and Saic-Gm-Wuling Automobile (84 cases), respectively.Patent ApplicationsCompared to the same period (Q1) last year, overall patent applications (17,226 cases) received by TIPO saw a decrease of 2%. Of these, invention patents, most applications filed among overall patents, stood at 12,486 cases, with a slight decrease of 0.4%. Both resident applications (4,637 cases) and non-resident applications (7,849 cases) remained relatively unchanged. The number of utility model patent applications also decreased. On the other hand, design patents (1,654 cases) were up by 1%, thanks to the 6% increase contributed by foreign applicants (Table 1).As for the top 10 resident applicants for invention patent filings, TSMC filed the most invention patent applications (752 cases), setting its all-time-high record and outnumbering other domestic applicants for four straight years. Mediatek (146 cases) saw the highest growth rate with 121%; Innolux filed 101 applications, setting its new historical record by exceeding 100 cases (Figure 2).In terms of resident applicants for design patent filings, Acer claimed the top spot again with 24 cases. Both Ant Creative (16 cases) and Hotek (12 cases) filed for the first time and entered the top 5 list at the same time (Figure 3).The number of invention patent applications from domestic enterprises (3,817 cases) and research institutions (83 cases) grew by 2% and 9%, respectively. On the other hand, the number of applications from colleges and universities (341 cases) decreased. Among the enterprises, the applications filed by large enterprises (3,162 cases) experienced a shift from negative to positive growth, whereas that of SMEs (655 cases) fell.The number of invention patent applications filed by foreign applicants (7,849 cases) remained steady. Of these, Japan filed the most with 3,504 cases (Figure 1). As for the top 10 applicants, Applied Materials (US) reclaimed the top spot by 182 cases. Xi'an Eswin (CN)(127 cases) and Meta Platforms (US)(90 cases) stood at the sixth and seventh spot, respectively, their best ranking ever achieved. Coupang (KR)(67 cases) saw the highest growth rate, with 168% (Figure 2).As for non-resident applicants for design patent filings, Ford Global Tech (US) came out on top with 49 applications. Apple (US)(36 cases) grew by 35 times, given a lower base period last year. Phoenix (AU)(24 cases) entered the top 5 list for the first time, and Sony Interactive (JP)(16 cases) hit its record high (Figure 3).Trademark ApplicationsCompared to the same period last year, trademark applications reached 21,494 cases (covering 27,096 classes) and saw a decrease of 4%, affected by the higher base period last year. The number of applications filed by residents (16,750 cases) and non-residents (4,744 cases) both declined (Table 1).As for the top 10 resident applicants, Uni-President filed 102 applications, outnumbering all other applicants again. The majority of the top 10 resident applicants saw an increase in the number of applications filed (Table 2). A breakdown by Nice class shows that most applications (3,429 cases) 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 (1,099 cases)(Figure 1). The applications filed by the top 10 non-resident applicants all saw positive growth. Saic-Gm-Wuling Automobile (CN) topped the list with 84 applications, outnumbering all other applicants (Table 3). A breakdown by Nice class shows non-resident applicants filed the most applications (921 cases) in Class 9, “Computer and Technology Products, etc.” (Figure 5)The top 3 industry categories trademark applicants filed under were “Agriculture” (5,843 cases), “Health” (4,488 cases), and ”Business Services” (4,484 cases). Most applications filed by residents were under “Agriculture” (4,901 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” (1,478 cases)(Figure 6).
30The 2023 Competition for Patent Portfolio Analysis Addresses Needs of the Industry
TIPO is hosting the third annual Competition for Patent Portfolio Analysis. To strengthen strategic patent portfolios for corporations, this year’s theme featured specific technologies designated by the industry. This is designed to help companies head hunt and explore their needs in order to foster and cultivate patent portfolio professionals for the industry and academia – creating a mutually beneficial arrangement. TIPO hopes that the competition will facilitate patent search and patent portfolio analysis to pave a future for domestic industry development. Registration is available from now until June 30. All those who are interested in strategic IP patent portfolios are welcome to sign up.The competition is conducted on the GPSS (Global Patent Search System) platform, where competitors can search for patents, analyze statistics and charts, and even build advanced technology functionality matrices directly on the platform to identify technology evolution and development trends and other important information. This helps companies build patent portfolios and develop competitive strategies.To encourage participation, TIPO is providing a monetary prize of NT$ 250,000 for the winning team, and will also offer nine hours of free educational training to competitors. Training will start with patent searches and dive into patent portfolio analysis to familiarize competitors with GPSS, with the aim of enhancing their knowledge and skills for patent search and analysis.TIPO is also offering two online warm-up seminars on May 11 (Thu) and 18 (Thu) before the competition, inviting patent experts with extensive practical experience to share on topics related to patent search analysis and industry patent portfolios. The aim is to share resources relevant to the competition with competitors for better preparation. We welcome all who are interested in patent portfolio analysis to join.Registration for the competition is available online. TIPO welcomes all interested persons to form teams of 3-5 persons and sign up for the competition. For more details about the competition, please refer to the competition website (in Mandarin): https://gpss.tipo.gov.tw/gpsskm/competition2023Come join us!
31The 2023 EU-Taiwan Seminar on Standard Essential Patents a Success Thanks to Everyone’s Participation and Support!
The Taiwan Intellectual Property Office (TIPO) has partnered with the European Economic Trade Office (EETO) and the European Business & Regulatory Cooperation (EBRC) to host the 2023 EU-Taiwan Seminar on Standard Essential Patents on April 25th, 2023, at the International Conference Hall, Tsai Lecture Hall, College of Law, NTU.The Seminar featured prominent speakers, including Anneli Andresson, Policy Officer at DG TRADE of the European Commission; John Eastwood, Co-chair at ECCT Intellectual Property Rights Committee; Hu Zu-shun, Director of the Department of Planning at the Fair Trade Commission; and Lai En-shang, a Patent Examiner at TIPO. They shared their insights on various topics such as the Development of Standard Essential Patents of EU, Standard Essential Patents and Anti-Suit Injunctions, Standard Essential Patents & Its Relationship with Competition Law, and Standard Essential Patents and Information Transparency: Assessing the Essentiality of Judgement Standards of SEPs. This seminar brought together 168 participants from the private sector, government agencies, and academia to exchange perspectives with experts from Taiwan and Europe, providing a valuable platform for active discussions and knowledge-sharing.
32Revisions to the Enforcement Rules of the Patent Act Shall be Enacted on May 1, 2023
Draft revisions to the Enforcement Rules of the Patent Act to meet patent examination needs and increase examination efficiency were promulgated on March 24, 2023. The revisions will take effect on May 1, 2023. A summary of key points are as follows:1. To determine whether any amendments are made in divisional applications, TIPO shall carefully review whether their subject-matter has extended beyond the content of the earlier application as filed. Applicants are required to attach a marked document indicating differences/changes in the application, with added parts underlined and deleted ones struck through, along with a relevant explanation of any and all alterations made, thus improving efficiency in the examination of divisional applications.2. In accordance with Article 27 of the Patent Act, if a biological material has been deposited in a depository designated by a foreign country in its territory with which Taiwan recognizes the effects of deposits based on reciprocity, and the certificate(s) of deposit issued by said foreign depository is submitted within the time period prescribed, the applicant is exempted from the requirement of making a deposit in Taiwan. Presently, foreign depository institutions that have been reciprocally recognized by Taiwan are international depositary authorities under Article 7 of the Budapest Treaty. These authorities shall issue documents that include certificates of deposit and viability statements, a practice that Taiwan also adopts. In order to promote mutual recognition of biological material deposits between Taiwan and other countries, documents issued by depositories not acquiring the status of international depository authority must include a viability statement.
332023 TIPA Patent/Trademark Training Courses are Open for Registration
To foster higher quality training for IP professionals, TIPO commissioned NTU to establish the Taiwan Intellectual Property Academy (TIPA). This year, TIPA will welcome its 19th year and has trained 14,000 IP professionals. Over 95% of students in a survey for the 2021 Training Course for IP Professionals reported willingness to continue with TIPA training courses. Students also reported that the courses were practical, enhance IP knowledge, and helped them solve problems in their professions.Since the latter half of February, TIPA has begun to offer 12 IPR basics and patent/trademark courses: IPR Basics, Patent Law Regulations, Drafting of Patent Specifications and Patent Claims, Patent Examination Guidelines and Practices, Patent Formality Eamination and Management, Patent Search, Patent Analysis, Trademark Law Regulations, Trademark Application and Registration, Trademark Disputes, Trademark-Related Laws and International Norms, and Trademark Search and Analysis.For the benefit of students in Central and Southern Taiwan, as well as in light of remote learning trends, all but four courses were offered entirely online: Patent Search, Patent Analysis, Trademark-Related Laws and International Norms, and Trademark Search and Analysis. The four courses listed above were given in person, but the classes were livestreamed.For more information about the latest courses, follow TIPA’s FB page. For other events, check out TIPA’s official website.
34The Executive Yuan Approves the Partial Draft Amendments to the Patent Act and the Trademark Act
Partial draft amendments to the Patent Act and the Trademark Act aimed at re-establishing an efficient and professional remedy system for patents and trademarks passed in the Executive Yuan on March 9, 2023. The amendments will reduce the time and cost of patent or trademark remedies, facilitate early resolution to disputes, and create a friendlier IP environment for industry development. A mechanism to manage trademark agents and ensure greater protection for trademark applicants has also been set up. A summary of the key points of the draft amendment are as follows:1. Partial Draft Amendments to the Patent Act and the Trademark Act to Re-establish a Remedy System:(1) Establish an independent segment to handle reexaminations and disputesFollowing the example of foreign patent and trademark remedy systems, patent and trademark reexaminations and disputes will be handled by an independent Trial and Appeal Board operating under the competent authority.(2) Re-establish a professional, efficient, and rigorous review systemTo strengthen the procedural safeguards and ensure timely processing of patent and trademark dispute cases, a review panel of 3 or 5 examiners, designated by TIPO, will be established to review and decide on each reexamination or dispute case. The review process is also more rigorous as it shall include oral hearings, preliminary procedures, and appropriate disclosure of evaluation and notification of the conclusion of the review.(3) Abolish the current process to administrative appeal review decisionsProvided that the decision of any reexaminations or disputes were made by the competent authority through a deliberation process of the highest rigor and professionalism, ensuring procedural safeguards for the parties, parties not satisfied with the review decision mayskip the current administrative appeals process and initiate legal proceedings directly with the court.(4) Establish special reexamination and dispute lawsuitsReview decisions made by the competent authority are administrative dispute resolution proceedings for private right disputes. Any parties disputing rights should file a “dispute lawsuit” against the other party (the defendant), and civil, not administrative, litigation proceedings will apply. To simplify the remedy system and prevent ambiguity, civil litigation proceedings shall hereon apply to all cases. The court of final appeals, previously the Supreme Administrative Court, shall be the Supreme Court.(5) Legal representation is now mandatory for dispute litigation casesPatent litigation cases involve highly technical and legal expertise. In order to comply with amendments to the Intellectual Property Case Adjudication Act, protect the rights and interests of the parties, and promote adjudication efficiency, the new amendments stipulate that patent dispute litigation cases must be represented by a lawyer or patent agent. Trademark dispute litigation cases require high legal expertise and must be represented by an agent.(6) The grace period for design patents has been extended to 12 monthsTo facilitate development of the design industry and harmonize with international standards, the grace period for design patent applications has been extended to 12 months from the current 6 months.(7) Abolish Trademark Opposition ProceduresCurrently, 97% of trademark oppositions are disputes over refusal of trademark registration, which overlaps considerably with grounds for evaluation. Therefore, the amendments will abolish the trademark opposition procedure. In addition, the grounds for absolute refusal of trademark registration will be expanded to allow "any person" to apply for evaluation, and third-party opinions can be accepted during the application examination to effectively eliminating the need for trademark opposition as a public review mechanism.2. Amendment of Certain Articles of the Trademark Act with Regards to Regulating Trademark Agents(1) Added a mechanism to accelerate examination in response to urgent demands from the public to obtain trademark rights.(2) The competent authority for trademarks is given the authority to manage registration and establish relevant management regulations in order to provide a more comprehensive set of requirements for trademark agent qualification and ensure the interests of trademark applicants.(3) Relaxed regulations by expanding the eligible trademark applicants and simplifying both the application process for trademark registration revocation and the infringement recognition process by customs.
35New Director General Cheng-Wei Liao and Deputy Director General Shu-Mei Li Take Office on March 27, 2023
Director General Cheng-Wei Liao obtained his Ph.D. in Biomedical Engineering from Chung Yuan Christian University. He has held various positions at TIPO since 2000, including patent examiner, Director of Patent Division I, and Deputy Director General. During his tenure, he successfully executed a patent backlog clearance plan, supervised the establishment of the Patent Search Center, promoted online patent examination, and proposed an inter partes review system for patent and trademark cases. He has also actively expanded cooperation with patent offices in various countries.Director General Liao possesses an extensive and diverse educational and professional background, a global perspective, and exceptional leadership skills.Deputy Director General Su-Mei Lee earned her Master's in International Studies from the University of Wyoming in the United States. She joined the Central Bureau of Standards (the predecessor of TIPO) in 1991 and has since held various positions, such as Trademark Examiner, Director of Trademark Division, and Chief Secretary of TIPO. With professional qualifications and extensive practical experience in intellectual property, Deputy Director Li has been recognized as a model civil servant by the Ministry of Economic Affairs for outstanding performance.The Taiwan Intellectual Property Office oversees critical aspects of intellectual property, including patents, trademarks, copyrights, trade secrets, and integrated circuit layout designs. To stay abreast of global industrial competition and align with industrial development, the office is committed to proactively building partnerships with inventors, academia, research institutions, and enterprises. It aims to enhance the protection and licensing mechanisms for creative works, promote substantive exchanges and collaboration with IP agencies worldwide, and establish a robust intellectual property protection environment in Taiwan.
36TIPO Invites SMEs to Sign Up for the Seminars on Increasing Patent Capacities and Values
TIPO offers the Seminars on Increasing Patent Capacities and Values for SMEs and academic institutions to become more familiar with patent affairs. The seminar focuses on “being proactive”, “discussion”, and “customization,” and TIPO patent examiners are invited to teach courses on patent application, examination, and patent searches. Depending on the different fields of expertise of the participating organizations, participants and instructors may also have further discussions.Overall satisfaction rate with the seminar has remained 90% over the last five years. According to statistics, the number of invention patents filed in 2020 by companies that participated in the seminars in 2019 increased by 47%, demonstrating visible results. Due to the pandemic in 2020, the seminars were mostly given online with limited interactions and QA sessions between instructors and participating companies. In-person classes will resume in 2023, and TIPO invites SMEs and academic institutions to register for the seminars. Registration will be open until June 30th.
37TIPO Publishes Taiwan-Japan Concordance of Similar Group Codes (corresponding to NCL12-2023)
TIPO has updated the Taiwan-Japan Concordance of Similar Group Codes (corresponding to NCL12-2023) according to WIPO’s latest revisions to the Nice Classification, 12th Edition-Version 2023. Applicants are welcome to refer to the document when registering a trademark.
38TIPO Statistics Report: Patent and Trademark Applications in 2022
In 2022, overall patent applications slightly decreased by 0.8% to 72,059 cases. Of these, invention patent applications (50,242 cases) grew by 2%, while utility model (14,662 cases) and design patent applications (7,155 cases) decreased by 7%, respectively. For trademark applications, 94,778 cases were filed, covering a total of 122,320 classes. As to examination efficiency, the average first action pendency was 8.8 months for invention patent applications and 5.2 months for trademark applications.Resident invention application number remained stableIn 2022, invention patent applications (19,400 cases) slightly decreased by 0.8%, mainly due to the declines in filings from individual and research institute sectors. Meanwhile, applications by corporations and educational institutes saw a growth of 1% and 7%, respectively. However, there was a moderate decrease in utility model (13,669 cases) and design applications (3,411 cases) by 6% and 3%, respectively, mainly due to the declines in filings from individuals and corporation sectors (Table 1), compared to the previous year.Japan claimed top spot in non-resident patent applicationsNon-resident applications for invention patents (30,842 cases) grew by 4%, while utility model (993 cases) and design (3,744 cases) patents saw declines (Table 1, Figure 3).A breakdown by applicant nationality shows that Japan continued to top the list with 13,128 overall applications (-1% compared to the previous year), followed by the US (8,517 cases, +7%) and mainland China (4,424 cases, +4%), while South Korea (2,775 cases) saw the highest growth at 16% among the top 5 countries. Japan also led in the number of invention and design patent applications, and mainland China surpassed other countries in utility model applications (Figure 4).Overall trademark application numbers remained fairly constant; growth seen in resident applicationsThe number of trademark applications totaled 94,778 cases (covering 122,320 classes) and marked the second highest number in the past two decades, preceded only by the records set in 2021 (95,917 cases, covering 123,217 classes). Notably, there was a 1% increase in resident (74,326 cases) and a 9% decrease in non-resident applications (20,452 cases) (Table 1, Figure 5, Figure 7).Among the top 5 trademark-filing countries or regions, mainland China (4,324 cases) took the lead, followed by the US (3,572 cases), Japan (3,546 cases), R. Korea (1,573 cases), and Hong Kong (1,120 cases). Applications numbers filed by mainland China and the US showed double-digit drops, while those from Japan were up 3% compared to last year (Figure 8).UNI-PRESIDENT ranked No. 1 resident trademark applicant in Taiwan for 3rd straight year, while IPPLUS TECHNOLOGY lead in non-residentsAmong resident applicants, UNI-PRESIDENT ranked first, with applications covering 834 classes, followed by WOWPRIME (189 classes) and KING CAR FOOD (163 classes). With regard to non-resident applicants, IPPLUS TECHNOLOGY claimed the top with applications covering 150 classes, followed by TENCENT HOLDINGS and JOHNSON & JOHNSON (both covering 94 classes) (Figure 9, Figure 10).With regard to resident trademark applications, Class 35 (advertisements and business operation) topped the list with 15,220 classes, followed by Class 30 (coffee, tea, pastries; 7,308 classes) and Class 43 (restaurants and lodgings; 7,206 classes). Furthermore, the COVID-19 pandemic has boosted online shopping, remote technology and video games, leading to a 7.5% increase in Class 41 (education; entertainment) and a 2.0% increase in Class 9 (computer and technology) (Figure 11). Regarding non-resident trademark applications, Class 9 led with 4,493 classes (Figure 12). With the exception of Class 42 (scientific and technological services), all application numbers for the top 5 classes decreased by 2% to 21%.Invention patent and trademark application pendency remained stableTIPO went full throttle to optimize examination quality and efficiency. As a result, the average disposal pendency was 14.3 months for invention patent applications and 6.5 months for trademark applications.
39Top 100 Patent Applicants in 2022
TIPO’s 2022 Statistical Rankings for Patent Applications and Grants reveals that TSMC maintained its position as the top domestic patent applicant for the seventh consecutive year, filing 1,534 applications. As for foreign applicants, Applied Materials secured the top spot for the first time, with a total of 881 applications. With respect to the numbers of patents granted for all three patent types, TSMC led the pack for domestic applications (1,196 patents granted), and Qualcomm was the most prolific foreign applicant (573 patents granted). TSMC ranked top among domestic applicants for 7th straight yearCompanies active in the semiconductor, display, and ICT industry sectors headed the list of top 10 domestic applicants. With 1,534 cases, TSMC has consistently filed the most applications since 2016. Acer (530 cases) and AU Optronics (505 cases) came in second and third, respectively. Mediatek’s application filing surged by 58% (412 cases), while Nanya Tech (371 cases) and Innolux (336 cases) each filed their highest number of applications over the last 10 years (Table 1).The top 100 domestic patent applicants filed 12,771 cases in 2022, a year-on-year increase of 4%. The number of invention (9,555 cases) and design patent applications (793 cases) were up 4% and 14%, respectively. The growth in applications was mainly driven by corporations and educational institutions. Furthermore, the filings in utility model patent applications (2,423 cases) also grew by 3% (Figure 1, Figure 2).Taiwan Cooperative Bank took lead; MEGA International Commercial Bank applied for the most invention patentsThere were six banks among the top 100 domestic patent applicants in 2022. Taiwan Cooperative Bank (220 cases) headed the list of patent applications, followed by the Bank of Taiwan (214 cases) and MEGA International Commercial Bank (205 cases), which also claimed the top position for bank invention patent applications (53 cases). Taishin International Bank (87 cases), meanwhile, made its debut on the list for the first time (Table 3).Among school applicants, Taipei City University of Science and Technology lead in overall patent applications, while National Cheng Kung University was most active in filing invention patentsTwenty-eight schools were among the top 100 domestic applicants for overall patents. Taipei City University of Science and Technology ranked first with 162 applications for the third straight year. Meanwhile, National Cheng Kung University (135 cases) claimed first place in school rankings for invention patent applications, followed by National Yang Ming Chiao Tung University (125 cases), National Tsing Hua University (108 cases), and National Taiwan University (77 cases) (Table 4).Industrial Technology Research Institute remained in top position for invention patent applications filed by research institutionsTwo research centers were also among the top 100 domestic applicants for patents across various types. The Industrial Technology Research Institute placed eighth in the overall rankings with 331 applications, while the Metal Industries Research ranked 41th with 87 filings (Table 5).Applied Materials headed foreign patent applicants for the first timeOn the foreign applicant front, the top 10 companies were mainly active in the semiconductor, ICT, and chemistry industry sectors. Applied Materials became the largest patent applicant with record-high 881 applications, while smartphone IC designer Qualcomm fell one notch to second place with 763 patent applications. Samsung Electronics took the third spot with 675 applications, the most it has filed in the last 10 years. Moreover, Meta Platforms Technologies (293 cases) and Shin-Etsu Chemical (275 cases) made their first appearance on the list for the first time (Table 2).The top 100 foreign patent applicants collectively filed 14,556 cases (+3%) in 2022, mainly driven by the rise in invention (13,069 cases) and utility model patent applications (181 cases), with growth rates of 6% and 22%, respectively (Figure 3).
40TIPO’s New Trademark Online Application System Launched
TIPO launched the New Trademark Online Application System in 2022 to enhance the convenience of online trademark applications. The system offers a range of frequently-used application forms, such as those for graphic, color, sound, and three-dimensional trademarks, as well as certification marks. In addition, said system provides forms for various services, includingamendments, withdrawals, divisions, pre-registration changes, registration renewals, etc.As of December 2022, the new version of the system has achieved a utilization rate of 98.4%. The previous trademark online application system, launched in 2008, will remain closed indefinitely. For system-related assistance or suggestions, please email [email protected]
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