September 1: TIPO introduces operational directions for third parties to participate in patent examination processTIPO has always strived for the highest standards when it comes to patent quality. As a further sign of this commitment, the office has been working on how to best encourage third parties to submit prior art concerning the patentability of an invention after the publishing of patent applications 18 months following the earliest effective filing date - this reflects similar measures adopted worldwide and serves to enhance the stability of patent rights.With the aforementioned goal in mind, TIPO has introduced the Operational Directions for the Processing of Third-Party Observations on Invention Patent Applications. It is hoped that the new directions, which were announced on August 25, 2020, and came into effect on September 1 of the same year, will clearly regulate public participation procedures. TIPO will also provide convenient access to third-party observation application forms via Taiwan’s Patent Search System.As for patent citation information, this will henceforth be relayed to patent applicants by notification, while patent citations themselves will be made available to the public on the Patent Search System. These measures are designed to ensure that valuable public input by means of third-party observations becomes the driving force for the improvement of patent quality.The operational directions will present a host of advantages for patent applicants, industries and TIPO.1. Advantages for applicants: In the past, roughly 100 third-party patent observations were filed with TIPO every year. However, up to 90% of third parties requested that citation information not be published, leaving many patent applicants in the dark and unable to make necessary revisions to their claims before patent approval. This could result in time-consuming, costly post-grant litigation proceedings. Thanks to the new directions, patent applicants will now be informed about the filing of third-party observations in a timely manner. This will not only safeguard the rights and interests of patent applicants, but also enhance their patent’s stability and benefit their patent portfolio both at home and abroad.2. Advantages for industries: Convenient access to third-party observation application forms and document templates provided by TIPO will make it easier for interested parties to file observations and prior art for examination purposes. Rules regarding the time frame for submissions have also been relaxed. Where an applicant files for both an invention and a utility model patent for the same invention, interested parties will no longer have to wait 18 months until publication of the invention patent application to submit observations or prior art, but may already do so after completion of the formal examination of the utility model, which tends to only take a little over two months.3. Advantages for TIPO: By providing convenient access to third-party observation application forms and document templates via Taiwan’s Patent Search System, TIPO is able to encourage third parties to more readily submit citation information, which in turn helps examiners gain an overview of evidence relating to prior art while also mitigating the risk of administrative costs being incurred due to subsequent invalidation proceedings.In essence, the new directions will facilitate alignment with international practices and more effectively encourage public/third-party participation in the process of patent examination. They should also help in reducing the economic burden on patentees wishing to maintain the validity of their patent. We are confident that these positive changes will further improve patent examination quality in Taiwan.Operational Directions for the Processing of Third-Party Observations on Invention Patent ApplicationsOperational Directions for the Processing of Third-Party Observations on Invention Patent Applications – easy-to-follow infographic
Amendments to the Regulations Governing Application for Approval of Compulsory License of Musical Works and Royalties for Use ThereofWhere an application is made for a compulsory license of a musical work, the written application form shall indicate the identity of the owner of the economic rights to the musical work. This allows the copyright competent authority to notify said owner that he/she may submit an opinion pertaining to the content of the application form. However, in accordance with Paragraph 4 of Article 37 of the Copyright Act, if the musical work has been exclusively licensed, the exclusive licensee may, within the scope of the license, exercise rights in the capacity of economic rights holder. In such instances, the copyright owner is precluded from exercising his/her rights.To ensure conformance with the provisions set forth in the Copyright Act as well as relevant court decisions, partial revisions have been made to the Regulations Governing Application for Approval of Compulsory License of Musical Works and Royalties for Use Thereof. The Ministry of Economic Affairs announced the amendments on August 4. Points of note are as follows:To facilitate the copyright competent authority’s handling of procedural matters, such as notification of right holders, the identity of any exclusive licensee to the musical work concerned shall henceforth also be indicated as an item on the application form. (Amendment to Article 3)Where a musical work has been exclusively licensed, the copyright competent authority shall notify the exclusive licensee about his/her right to submit an opinion as well as the scope thereof. (Amendment to Article 7)The wording of certain provisions has been fine-tuned so as to strengthen procedural guarantees afforded to exclusive licensees. (Amendments to Articles 9–11 and Articles 16–18)Regulations Governing Application for Approval of Compulsory License of Musical Works and Royalties for Use Thereof
Operational Directions for the Processing of Third-Party Observations on Patent Applications come into force on September 1On August 25, the Ministry of Economic Affairs released the Operational Directions for the Processing of Third-Party Observations on Patent Applications. These are designed to implement the provisions of Article 39 of the Enforcement Rules of the Patent Act and improve the system for third-party observations as a tool for public participation in the patent examination process. The new directions lay out the details for submission of a third-party observation. These include the relevant time period, situations for making a submission, and the documents required to be filled out and those that should be supplemented as well as the manner of submission. The directions also outline the processing principles employed by TIPO in relation to third-party observations.Operational Directions for the Processing of Third-Party Observations on Patent Applications (in Mandarin)General overview and point-by-point explanation of the guidelines (in Mandarin)
2020 Taiwan Innotech Expo open to allThe 2020 Taiwan Innotech Expo will take place from September 24 to 26 in Hall 1 of the Taipei World Trade Center. With approximately 900 exhibit booths, the event is set to feature a thousand different technological innovations and newly patented inventions. Continuing to enjoy the distinction as Taiwan’s most iconic R&D platform, the expo will also be the first major international exhibition to be held since the outbreak of COVID-19. All members of society are invited to take part.This year, the layout of the exhibition area will revolve around the so-called Three Major Themed Pavilions as well as an Invention Competition Area, where inventors, entrepreneurs and researchers from around the globe will be presenting over 500 innovative creations. By holding the competition, TIPO hopes to uncover the world’s most original and promising inventions, which will all be in the running for the ultimate prize – the prestigious Platinum Medal. TIPO will also be setting up a special area for outstanding innovation by Taiwanese inventors, where the winners and runners-up from international fairs held within the past three years, together with the reigning Platinum Medal recipient, will be showcasing their work – a true testament to the boundless creativity to be found across Taiwan.The expo’s Three Major Themed Pavilions will be jointly curated by the following ten ministries and bodies: Ministry of Economic Affairs, Ministry of Science and Technology, Ministry of Education, Ministry of National Defense, Ministry of Health and Welfare, Ministry of Labor, Council of Agriculture, National Development Council, Environmental Protection Administration and Academia Sinica. The focus will be on pioneering inventions, sustainable development and technologies of the future. Bringing together the trailblazing technologies developed with the help of the above institutions, the exhibition unveils Taiwan’s latest achievements in scientific research.Taking place alongside the expo is an innovation technology forum, which will focus on IP business strategies and emerging tech. Participants will be sharing their experience and insights in an effort to help industries harness the value of scientific innovation. A total of 14 conferences and seminars aim to encourage partnerships and exchanges on tech-related issues with a view to creating domestic and international business opportunities vis-à-vis patented technologies. For all the latest news on the expo, please visit the 2020 Taiwan Innotech Expo website.2020 Taiwan Innotech Expo
Program on Mutual Cooperation in the Field of Deposit of Biological Materials for the Purposes of Patent Procedure between Taiwan and South Korea comes into effect on September 1, 2020Following the launch of the cooperative program on mutual recognition of the deposit of biological materials for the purpose of patent procedure between Taiwan and Japan in 2015 and between Taiwan and the UK in 2017, the cooperative program between Taiwan and South Korea, based on an MOU signed in August, will be implemented on September 1, 2020. It once again expands Taiwan’s scope of international cooperation in this field.Upon implementation of this program, TIPO will recognize the deposit at KIPO’s designated depositary and KIPO will recognize the deposit at TIPO’s designated depositary. Therefore, any Taiwanese applicant filing patent applications relating to biological materials with KIPO or any South Korean applicant filing patent applications relating to biological materials with TIPO is able to deposit his/her biological materials in a local designated depositary. This streamlines the deposit procedures for patent applicants in both countries, avoids problems due to the instability of biological materials that may be caused by cross-border deposits, and also reduces the cost of repeated deposits.At present, the depositary designated by TIPO is the Food Industry Research and Development Institute (FIRDI), while those designated by KIPO are the Korean Collection for Type Cultures (KCTC), the Korean Culture Center of Microorganisms (KCCM), the Korean Cell Line Research Foundation (KCLRF) and the Korean Agricultural Culture Collection (KACC).Moreover, both offices also recognize deposits of biological materials in a depositary designated by the other office made before the implementation of this cooperative program, provided two conditions are met. Patent applicants will not be required to make repeated deposits in either Taiwan or South Korea if: 1) their patent application is filed on or after September 1, 2020, i.e., the implementation date of this cooperative program; and 2) their patent application is filed along with copies of the deposit certificates submitted before the corresponding deadlines.The Operational Directions Governing the Mutual Cooperation between TIPO and KIPO in the Field of Deposit of Biological Materials for the Purposes of Patent Procedure and related Q&A information can be found on TIPO’s website.Operational Directions (in Mandarin)Q&A (in Mandarin)
TIPO Holds a Public Hearing on the Amendment to the Substantive Examination Guidelines for Design Patents on July 23After having reviewed design patent examination practices in recent years, TIPO has drafted the amendment to parts of Chapter III on Substantive Examination Guidelines for Design Patents of the Examination Guidelines for Patents so as to stay current with the latest developments in digital and new technologies. A public hearing will therefore be held on July 23.The key revisions pertaining to relaxing the requirements for disclosing descriptions and graphs, as well as those governing divisional application; adding constructions and interior designs to the examples of subject matter for patent protection, and adding computer program products to the example of articles a graph design may be applied to.More information (in Mandarin)
Registration for Information Sessions on Patent Search and Its Application in Building Patent Portfolios Commences on July 23To improve domestic businesses’ abilities to build patent portfolios, TIPO is going to host the Information Sessions on Industrial Patent Portfolios on Patent Search. These events will illustrate how to use TIPO’s GPSS to search patent worldwide, and how to use fishbone diagram and technology life cycle for the analysis of patent trend. In addition, the strategies and useful steps to build patent portfolios will be systematically introduced along with practical cases.These information sessions are advanced courses for patent search and relevant applications, thus participants are advised to have relevant experiences in patent search. The events will be held on in Kaohsiung, Taichung, Hsinchu, and Taipei from August 4 onwards.More information about registration (in Mandarin)
Registration for the 2020 Seminar on Appropriate Confidentiality Measures for Businesses Now OpenTo assist businesses in establishing comprehensive protective mechanisms for trade secrets, TIPO and the Taiwan Association for Trade Secrets Protection (TTSP) will co-host the seminars on Appropriate Confidentiality Measures for Businesses in Taipei, Taichung, and Tainan on August 14, 28 and September 11.Experts experienced in relevant practices and a prosecutor will be invited to share their thoughts on appropriate confidentiality measures, an overview of applying information technology to trade secret security; and practices in trade secret investigations and the latest development.TIPO hopes these events would enable businesses to establish sound trade secret management system and strategies for coping infringement.More information about registrationAgenda (in Mandarin)
Registration for Information Sessions on Copyright in Cultural and Creative Industries and Internet Copyright Now OpenFrom July to October, TIPO will be hosting a series of six information sessions targeting cultural and creative industries and Internet copyright to address topics of must-know copyright for audio-visual and music industries; must-know copyright for digital publishing industries; and must-know copyright on image usages for online sellers, YouTubers and Internet celebrities. The events will invite legal experts and lecturers from private sectors to give explanation of these topics so as to help cultural and creative industries as well as users increase their knowledge of Copyright Act.More information about registration
TIPO Releases IPR Statistics for the First Half of 2020In the first half of 2020, TIPO received a total of 33,954 applications for invention, utility model, and design patents, marking a 4% decrease over the same period last year. On the other hand, the number of trademark registration applications hit a record high with 43,385 cases (see Table 1). In terms of invention patent applications, TSMC topped domestic applicants and QUALCOMM topped foreign applicants (see Figure 2). The applications by domestic SMEs grew by 14%. PatentDomestic enterprises registered a 1% growth for the number of invention patent applications filed, and their share accounted for over 75% of total domestic invention patent applications, a main driving force for innovation in Taiwan. Of these, SMEs’ applications were up by 14%, marking over 10% growth for the second consecutive year.As for applicants, TSMC topped the list with 375 cases, and MEDIATEK (211 cases) and AU OPTRONICS (210 cases) stood at the second and third spot respectively (see Figure 2). TSMC outnumbered the others for the fourth year in a row.Invention patent applications filed by domestic colleges and research institutions increased by 19% and 2% respectively.Regarding the nationality of non-resident applicants, Japan came in first with 6,105 invention patent applications filed (see Figure 1). Among the top filing foreign companies, QUALCOMM ranked first with 304 cases, representing a growth of 14% over the same period last year (see Figure 2). As for design patents, Japan also came out on top with 497 cases (see Figure 1), while FORD was the company with the most design patents filed (114 cases).TrademarkThe number of new applications for trademark registration (43,385 cases) saw a 3% increase from the same period last year. Applications by residents (32,843 cases) grew by 10%, whereas those by non-residents (10,542 cases) fell (see Table 1). Applications by residents reached a record high not seen since the year 2000.The share of applications by residents rose from 71% in the first half of 2019 to 76% in the first half of 2020, showing a higher concentration of domestic applications.A breakdown by Nice class shows that class 35 (advertising, business management, etc.) received the most cases (5,955) by residents. All top five classes saw positive growth, with class 5 (pharmaceuticals, etc.) registering the highest growth at 24% (see Figure 3). As to applicants, UNI-PRESIDENT led with 228 cases (see Table 3).Of non-residents’ trademark applications, mainland China stayed on top with 2,289 cases (see Figure 1). Class 9 (computer and technology products, etc.) received the most cases (2,100) by non-residents. The top five classes all saw a decrease during this period (see Figure 3). Among non-resident applicants, HUAWEI filed the most applications with 95 cases (see Table 4).
The provisions governing matters relating to patent applications are relaxed after promulgation of the amended Enforcement Rules of the Patent ActOn June 24, 2020, the Enforcement Rules of the Patent Act was amended to relax regulation, and broaden public participation in examinations to increase examination quality.The key revisions include an invention patent applicant who uses an electronic file format prescribed by TIPO to submit a listing of nucleotides and/or amino acids sequence may be exempted from submission in written form. Also, the restriction where a third party may submit observation to TIPO only after the publication of the invention patent application is now relaxed. Any person may submit observations prior to an examination decisions being rendered.Amended Articles 17 and 39 of the Enforcement Rules of the Patent Act
Alternative methods for electronic transmission of patent and trademark application documents take effect on July 1, 2020In order to remedy the situation concerning patent and trademark e-filings where transmission takes longer than usual due to file size or where failures occur in TIPO’s filing system that disrupts e-filing process, TIPO has amended the Regulations Governing the Implementation of Filing Patent Applications and Services by Electronic Means and the Regulations Governing the Implementation of Filing Trademark Applications and Services by Electronic Means, as well as published alternative methods for electronic transmission, which took effect on July 1. Below are the highlights of the methods.Where the file size of patent or trademark application documents exceeds 500MB, or where TIPO notifies a breakdown of its system, an user may store the files on a read-only DVD disc and submit it in person or mail it to TIPO to complete the e-filing process.For application filed through the alternative methods, the date of application and other proceedings shall be the date on which TIPO receives the electronic patent/trademark application documents. The date of those via postal service shall be the postmark date. Unless otherwise proved by the parties involved, the date of those whose postmark date appears to be ambiguous shall be based on the date of receipt by TIPO.The amended provisions of the Regulations Governing the Implementation of Filing Patent Applications and Services by Electronic Means and the Regulations Governing the Implementation of Filing Trademark Applications and Services by Electronic Means (in Mandarin)The publication of alternative methods for electronic transmission (in Mandarin)
Changes made to the name of designated goods and services for trademark registration, as well as cross index referencesIn order to align the goods and services classification more closely with the actual business scenarios, TIPO added/amended 468 items and deleted 14 items in names of designated goods and services for trademark registration. Also, it added/amended 16 names of groups/sub-groups or notes in total. The above changes took effect on July 1, 2020.The new version of “Names of designated goods and services for trademark registration” (in Mandarin)
Registration is now open for TIPO’s 2020 IPR affairs seminars which begin on July 27To enable the public to better understand TIPO’s routine IPR affairs and facilitate in-person communication with different sectors, TIPO will host the annual “IPR affairs seminars” on July 27 in Taipei, July 30 in Taichung, August 3 in Hsinchu, August 6 in Tainan, and August 7 in Kaohsiung.The seminars will address four specific topics: (1) An overview of the “Guidelines for processing third-party observations on patent applications” and “Proactive patent examination program for start-ups”; (2) Case studies on issue of ex officio examination, res judicata and new evidence; (3) An overview of the fast-track for trademark and applications; and (4) Reminders of taking patent and trademark related proceedings. There will also be a discussion session in the seminars. The events are open to registration now.Registration information (in Mandarin)
“Respect Creations: Parents and Children Having Fun Creating” is now open for registrationTIPO will host the “Respect Creations: Parents and Children Having Fun Creating” on August 2 (Sunday), 14:00-16:00, in the Taipei Zoo.This event allows parents and their children to cowork on potted plants DIY to show their creativity. There will also be stalls that combine games and competitions where visitors can acquire IPR knowledge while partaking in these fun activities. TIPO is looking forward to your participation.Registration information (in Mandarin)
TIPO releases the English edition of the annual reportIn 2019, TIPO celebrated its 20th anniversary of its establishment.In 2019, the Copyright Act was amended in May to impose civil and criminal liabilities on any person providing computer programs which have aggregated IP addresses that enable access to infringing contents. The purpose is to curb the circulation of illegal set-top boxes.In November, the Patent Act was amended to extend the term of protection for design patent from 12 to 15 years. In addition, the restriction on post-grant division of invention and utility model patents was relaxed, and an invalidation requester should submit grounds thereof within three months after the request is filed. The amendment is to facilitate development in Taiwan’s design industry and increase the efficiency in the examination of invalidation cases.In December, the Legislative Yuan passed the amendment to the Trade Secrets Act that introduces the system of confidentiality protective order for investigation in order to increase the efficiency in the investigation of trade secret cases.In addition, TIPO keeps improving examination efficiency and quality, providing strong support for the industry sector’s innovation development, as well as strengthening international cooperation. The annual report covers accomplishments and statistics for the year 2019. Access to the annual report is open to the public.English edition of TIPO’s 2019 annual report
Analysis of trademark applications and the trend in business development in the past decadeIn recent years, TIPO has been publishing patent application analysis reports of domestic and foreign businesses’ patent portfolios and the trend in their development. These reports have received great attention from various sectors.This year, with reference to the “World Intellectual Property Indicators 2019 (WIPI 2019)” published by WIPO IP Statistics Data Center, TIPO uses similar method to group Nice classes assigned to designated goods or services of trademark applications into ten industry sectors (see attached chart), and publishes the report “Analysis of the trend in trademark applications from 2010 to 2019 by industry sector.” It is the result of collecting and organizing more than 770,000 trademark applications over the ten-year span, and the complicated data is converted into easily-understood graphs and charts by employing data visualization and data-driven strategy.At the same time, the report compares the latest WIPI 2019 Report with the data of Taiwan’s residents’ applications to reveal the similarities and differences between Taiwan’s industry sectors and those of other countries. As such, the report serves as a reference for businesses to build portfolios, develop brands, and stay current with market trends.This report focuses on the trend in the development of different industry sectors. Main points are summarized as follows (see attached chart):I. Trademark applications in the “agriculture” sector over the past decade take the lead, accounting for 19.2%~21.6% of all applications. “Agriculture” corresponds to Classes 29~33 and 43 in the Nice Classification. Namely, they include food, beverages, catering, accommodation and other goods and services that are most relevant to the daily lives of general public. As near 70% of the trademark applications are filed by residents, among which Class 43 is the second highest sector, it shows residents’ passion for brand innovation and entrepreneurship in the catering business.II. “Business services” is the second largest industry sector in residents’ trademark applications over the past decade. It corresponds to Class 35 in the Nice Classification which covers commercial services such as wholesale and retail, advertising and marketing, and import/export agents, as well as financial services in Class 36. Class 35 also tops all of the sectors in residents’ applications and this is indicative of Taiwan’s burgeoning commercial activities such as the retail business, and ongoing intensive development of business services in recent years.On the third place is “health” industry sector, which corresponds to Class 3 and Class 5, namely cosmetics, cleansing products, as well as pharmaceuticals and medical products. This also reflects the fact that residents are placing great emphasis on physical wellbeing and beauty care, which in turn is driving relevant businesses to apply for trademark registration for their brands.III. Trademark applications by non-residents over the past decade are dominated by the “research and technology” sector. Applications filed in this sector take up 16.8%~19.3% of all types of applications with a modest increase in growth. “Research and technology” sector covers Classes 9, 38, 42, and 45, namely computers, communications, and consumer electronics equipment, communications transmission, scientific and technological R&D, as well as legal services.Over the past decade, Japan, the US, and mainland China have become the top three foreign applicants of trademark, whose applications take up more than half of all applications by non-residents. This shows not only the ongoing competition among these countries in technological R&D but also points to their proactive efforts to seek trademark protection for their patented technologies under the territoriality principle. Taiwan is the hub for the world’s high-tech industries such as electronics, information, and telecommunications. It is also an integral part of many countries’ global brand portfolios.IV. “Health” and “agriculture” are the second and third highest industry sectors of non-residents’ trademark applications in the past decade. The same sectors also occupy the third and the first places in residents’ applications. The high domestic demands for these products and services are driving foreign applicants to pivot their emphasis and invest in Taiwan.V. Trademark filing activity is a relatively less discussed benchmark. To compare trademark filing intensity across countries, WIPI measures resident application class counts in relation to GDP (per USD 100 billion GDP) and population level (per million population). The data may show both the size of the economies and the level of economic development of different countries, while it may also reflect how the costs of trademark application could have some adverse influence on demand for application.Take the 2018 data for instance, trademark applications filed domestically in China unsurprisingly skyrocketed, catapulting the country’s average application class count per USD 100 billion GDP and application class count per million population to the top spot.In comparison with the average class count per GDP, Taiwan is on par with that of South Korea. As to average class count per million population, Taiwan is growing steadily and equivalent to that of the Netherlands. Both Taiwan’s average class count per GDP and that of per million population are higher than the world’s average.VI. Below is a comparison between Taiwan’s statistics and those of other countries in the WIPI 2019 (data gleaned from year 2018) report.In 17th place globally, application class counts stood at around 109,000 classes.In 15th place globally, registration class counts stood at around 93,000 classes.In non-residents’ applications filed in Taiwan, the rations of goods and services to all are close to those of WIPO’s statistics (TIPO: goods 71.2%, services 28.8%; WIPO: goods 68.9%, services 31.1%).In non-residents’ applications filed in Taiwan, the top four industry sectors are, in descending order, “research and technology,” “health,” “agriculture,” and “clothing and accessories.” These are the same top four industry sectors in WIPI 2019 report, albeit in different order. This reflects that with the waves of globalization continuing to surge, countries around the world are developing businesses that are increasingly similar in kind. As with the trend that big businesses will always sustain their dominance, multinational corporations are investing heavily in developing their global marketing portfolios. Under such circumstances, SMEs more than ever must rely on their creative energies to facilitate any business breakthroughs.Over the past few months, the world’s economic and trading activities have suffered drastic changes due to the Covid-19 pandemic. In the meantime, the economic outlook is still brimming with uncertainties. Nevertheless, Taiwan has rarely experienced any deficiency in economic vitality and people enthusiastic about starting businesses.As restaurants, hotels, and tourism industries are regaining momentum in the domestic market during the post-Covid-19 time, we can expect a continuous growth in applications in the “agriculture” sector. In addition, the success fight with the pandemic is also the result of our ongoing efforts in the promotion of medical care and biotech industries. Large amount of investment, accompanied with solid foundation of upstream and downstream manufacturing businesses, has made Taiwan the key provider of medical supplies in regional or even global markets, which could therefore bring a huge opportunity for business development in the “health” sector.As well as continuing the effort in the name of “Taiwan’s national team,” relevant businesses are expected to be prepared in advance, be more flexible to their coping strategies, and speed up the pace of creating their own brands.
TIPO-KIPO Permanent PPH MOTTAINAI Program Comes Into Effect on July 1, 2020The Patent Prosecution Highway (PPH) pilot program between Taiwan and Korea will expire on June 30, 2020. In view of its impressive results in acceleration of examination, both sides have agreed that a permanent PPH program will replace the current one, starting July 1, 2020. The permanent program is aimed at continuing to provide applicants with stable and convenient PPH services.Taiwan and Korea have been close economic and trading partners. For long years, Korea has made the top four countries in invention patent applications filed in Taiwan. Last year (2019), TIPO received a total of 1,656 invention patent applications from Korean applicants. On the other hand, KIPO received 1,102 invention patent applications from Taiwanese applicants. To speed up examination so that applicants could acquire their patents quickly, TIPO and KIPO have conducted the PPH pilot program since July 1, 2015.The request forms and detailed information on the procedures of the permanent PPH MOTTAINAI are available at TIPO’s website and KIPO’s website.
Relief for the delay of statutory or specified time period of patent and trademark cases due to the Covid-19 pandemicTIPO announced the relief for the delay of statutory or specified time period due to the Covid-19 pandemic.Statutory time periodAccording to Article 17.2 of the Patent Act and Article 12 of the Enforcement Rules of the Patent Act, or Article 8.2 of the Trademark Act and Article 9 of the Enforcement Rules of the Trademark Act, an applicant filing a written request for reinstatement should state the delay of statutory time period is due to the Covid-19 pandemic and provide evidence thereof. While requesting for reinstatement, the applicant shall concurrently fulfil all obligations that should have been fulfilled within the concerned time period. In principle, such cases will be determined leniently on a case-by-case basis.If the applicant who has appointed an agent fails to comply with the statutory time period due to the inconvenience of getting in contact with each other caused by the Covid-19 pandemic, he or she may file a written request for reinstatement accompanied by evidence thereof. In principle, such cases will be determined leniently on a case-by-case basis.Specified time periodThe applicant who fails to comply with the specified time period due to the Covid-19 pandemic may still fulfill the requirements before a decision is rendered by TIPO. Considering the impact of the pandemic, the applicant who finds it necessary to extend the original specified time period could submit a written statement accompanied by evidence thereof. TIPO will follow the examination guidelines and have the cases determined leniently on a case-by-case basis.The applicant who is still unable to fulfil the requirements during the aforementioned extension of specified time period could submit a statement to TIPO with evidence thereof. In principle, TIPO will approve another one-month extension if it deems it appropriate. However, if the evidence in the case shows that an extension of more than one month is needed, TIPO will then approve an appropriate period of time of longer than one month.
The 2020 National Invention and Creation Award now opens registration until June 30The 2020 National Invention and Creation Award will select from the technologies that have been patented in Taiwan over the past six years (January 1, 2014 - December 31, 2019) and present trophies and cash prizes to inventors of the selected technologies for their extraordinary contribution.According to past winners, the National Invention and Creation Award adds values to their patented creations and helps in terms of promoting and increasing sales of theirproducts. Local inventors are welcome to register for competition.The cut-off date of the registration is June 30. Inventors interested in the award should send the specified documents of their inventions via registered mail or submit in person at their earliest convenience to this address: 11F., No. 149, Sec. 3, Xinyi Rd., Da’an Dist., Taipei City 106, Taiwan.For more information (in Mandarin), please visit:The National Invention and Creation Award
TIPO publishes the “Program for Hearing Patent Invalidation Cases” in EnglishTIPO has recently published the “Program for Hearing Patent Invalidation Cases” in English as part of its continuous efforts to improve services to foreign applicants. The English version is now available on the TIPO’s website.English version
The Seminar on IPR Concerning Traditional Intellectual Creations of Indigenous Peoples and the Cultural and Creative Industry—a Well-Attended Event with Lively InteractionsOn May 29, TIPO and the National Taiwan Craft Research and Development Institute co-hosted the “Seminar on IPR Concerning Traditional Intellectual Creations of Indigenous Peoples and the Cultural and Creative Industry” in order to promote the awareness of IPR protection concerning indigenous people’s traditional intellectual creations and the cultural and creative industry.The lecturers selected by TIPO and the Council of Indigenous Peoples addressed issues concerning IPR and protection of traditional knowledge that may be faced by the cultural and creative industry. The topics of their lectures included protection of design patents and cultural and creative products, an overview of the cases relating to trademark applications and indigenous peoples’ cultural creations, must-know copyright concepts by cultural and creative industry operators, and practices of licensing exclusive right of using indigenous people’s traditional intellectual creations. There were lively exchanges of opinions among participants.
TIPO’s old official website stops service as of May 25, 2020 and the general public are advised to visit TIPO’s new website for IPR-related searchesBetween October 2019 and March 2020, TIPO had consecutively launched the new subsidiary websites featuring three primary subjects, namely patent, trademark, and copyright. The old websites were no longer in service as of May 25, 2020.For more information, please visit:TIPO’s new official websiteTIPO’s new patent websiteTIPO’s new trademark websiteTIPO’s new copyright website
TIPO offers six services to fight against COVID-19As a response to the continued spread of COVID-19 around the world, TIPO offers the following six services, “patent analysis for the ‘national mask team,’” “making the information of global pandemic prevention relevant patents accessible,” “potential COVID-19 drugs related Taiwan patent information,” “ pandemic prevention related trademark hotline,” “reinstatement if applicants fail to comply within a statutory time period,” and “smart home consultations plus online applications,” to facilitate the diffusion of technologies, help industry focus on R&D, and instill new energy into the fight against the disease.To fight against COVID-19, the world is in the competition for making test kits, medicine, and vaccines. Following this R&D trend closely, TIPO provides the needed information and services to industry:Patent analysis for the “national mask team”As a response to the Covid-19 pandemic, the Ministry of Economic Affairs has gathered up domestic mask companies to form a “national mask team” to boost mask production capacity. More than 20 countries have been drawn to purchase mask-related facilities in Taiwan so far. While our “national mask team” sets out to help the world, TIPO releases patent information relating to mask-producing facilities and technologies around the world, so that our nationals will not commit patent infringement when they enter the global market. TIPO is ready to help, if any patent analysis is needed.Making the information of global –pandemic prevention relevant patents accessibleA pandemic prevention section has just been established in TIPO’s Global Patent Search System(GPSS). The items are divided into 14 groups, such as masks, protective clothing, test kits, vaccines, and medicine. With just one lick, users can find the information of patents relating to epidemic prevention in the world. Also, members of the GPSS will receive notes on the latest patent cases in chosen technical fields. They may enjoy a range of added-value services such as statistical and chart-based analyses. TIPO aims to help industry quickly learn the key information of pandemic prevention technologies globally.Potential COVID-19 drugs related Taiwan patent informationSince vaccines against COVID-19 are not yet available, medical experts home and abroad are urgently looking for effective solutions. In the short term, “Old drugs, new uses” is thus considered the most convenient and safest option.Starting in March, TIPO has released drug approval status and patent information of 52 potential medications in the limelight around the globe for combating COVID-19. Such include remdesivir, hydroxychloroquine, favipiravir, and ivermectin (for parasite control). The medications are divided into three categories according to their patenting conditions: 1. the core patent of its main active ingredient is under protection in Taiwan; 2. the core patent of its main active ingredient is not under protection in Taiwan, but other non-core patents are; 3. the medication is not protected in Taiwan at all.Through the aforementioned information, TIPO hopes to assist medical and pharmaceutical companies in learning more about relevant patents, and thus able to quickly develop business strategies, such as seeking a licensing agreement with the patent holder, designing around the original patent, or just leaving any possibility of patent infringement behind. For the welfare of the people in Taiwan, we hope to see a timely development of drugs against COVID-19, and that the drugs can become available soon.Pandemic Prevention related trademark hotlineHypochlorous acid, hand sanitizer, pressure-free mask covers, and protective clothing are all popular products during the COVID-19 outbreak. To meet applicants’ needs, TIPO has sorted out a categorized list of the “names of pandemic prevention products and services. An online application with all of the designated goods or services indentical to those terms on the said list or recommended in TIPO’s e-filing system will get an NT$300 fee reduction. Consultation hotlines are also available now – TIPO will help applicants conduct trademark search, and suggest them whether their applications may be successful or not. This shall help companies to quickly apply for trademark registration while lowering marketing risks. The service is available from now until May 31, and may be extended depending on the circumstances of the outbreak.Reinstatement if applicants fail to comply within a statutory time periodIf patent or trademark applicants fail to comply within a statutory time period for application and other procedures, such as paying certificate fees or patent annuity, and requesting substantive examination or re-examination due to COVID-19, the applicants may ask TIPO for reinstatement upon presenting documents as evidence. In principle, such cases will be determined leniently.Smart home consultations plus online applicationsTIPO still provides patent and trademark consultation services during the outbreak. Without having to go out, with just one phone call, people can enjoy consultation services by professional volunteers. Applicants also may file patent and trademark applications online. Patent applications can get an NT$600 fee reduction and trademarks at NT$300!The details of the six measures have been released at the “IPR News related to COVID-19” section. By providing patent information, offering professional consultation services, and accepting reinstatement applications, TIPO hopes to ensure people’s rights and interests, facilitate the spread of innovative technologies, and help R&D specialists find solutions for Covid-19.
Registration for Invention Contest of Taiwan Innotech Expo starts nowThe 2020 Taiwan Innotech Expo will take place from September 26 to 28 at Hall 1 of the Taipei World Trade Center. A total of 500 global institutions from 25 countries will display 1,200 patents and inventions. The expo is Taiwan’s most iconic R&D platform, and it draws more than 45,000 visitors every year. The 2020 expo is likely to be filled with people again. All members of the society are encouraged to take part.The expo is mainly divided into two parts, Invention Contest and Three Major Themed Topics. For the contest, outstanding inventors, professionals, and scholars in the world are invited to show their new works. Every year, TIPO receives more than 600 entries on average. By holding the contest, TIPO aims to encourage the most innovative inventions with the best market potential with awards. Registration for this year’s contest will remain open until June 30. Interested members of the industry, academia, and R&D are especially welcome to compete for the Platinum Medal and to make their works more attractive in the business world. There is also a hall that shows the inventions of the past three years by Taiwanese nationals, which have been awarded at competitions worldwide. The hall manifests the rich energy for innovations of the people in Taiwan.Three Major Themed Topics was curated by seven ministries and councils together - Ministry of Economic Affairs, Ministry of Science and Technology, Ministry of Education, Ministry of National Defense, Ministry of Labor, Council of Agriculture, and National Development Council, focusing on technologies of the future, innovative inventions, and sustainable development. Bringing together the innovative technologies that the seven ministries and councils have helped to develop, the area manifests Taiwan’s scientific R&D achievements. According to each topic, an international technology exchange display is set, showing the globe’s recent highlights. The goal is to build cooperation channels and for industry, academia and R&D institutions home and abroad, whilst creating more opportunities.More information (in Mandarin)
Seminar on IPR Concerning Traditional Intellectual Creations of Indigenous Peoples and the Cultural and Creative IndustryTo promote intellectual property protection for traditional intellectual creations of indigenous peoples in the cultural and creative industry, and to boost innovative energy and add values to the local sectors, TIPO will hold the Seminar on IPR Concerning Traditional Intellectual Creations of Indigenous Peoples and the Cultural and Creative Industry on May 29, 2020 at National Taiwan Craft Research and Development Institute, with the institute’s support.The seminar discusses IPR topics relating to traditional intellectual creations of indigenous peoples in the cultural and creative industry, from four aspects including design patent, trademark, copyright, and traditional intellectual creations of indigenous peoples. Cultural and creative workers, designers, and IPR professionals are especially encouraged to take part.For more information (in Mandarin), please visit:Agenda for the Seminar on IPR Concerning Traditional Intellectual Creations of Indigenous Peoples and the Cultural and Creative Industry
Establishing patent foundation– TIPO carries out an exchange and cooperation program with College of Design, National Taiwan University of TechnologyTo facilitate exchange between the academia and TIPO regarding theory and patent practices in the field of design, and strengthen IPR protection in Taiwan, this year, for the first time, TIPO carries out a one-year program with College of Design, National Taiwan University of Technology, sending patent examiners to the campus to discuss patent matters with teachers and students. Through the program, patent examiners will exchange views with industry experts, professors and students in class, learn about upcoming design trends together, and provide IPR consultation services.Through such experimental interaction and co-learning, TIPO looks forward to mapping out policies of design protection for the next generation. TIPO also hopes to cultivate interdisciplinary designers and increase competitiveness for them.
Encouraging industrial cluster and developing supply chains, TIPO offers IP courses and consultation services to the electric motorcycle industryTo save energy and lower carbon emissions, the Ministry of Economic Affairs has devoted to promoting the electric motorcycle industry in Taiwan. In 2014 and 2018 respectively, MOEA implemented programs to subsidize the consumption of electric motorcycle in the hope of boost domestic market grow as well as developing relevant supply chains.With MOEA’s effort, the supply chains for the electric motorcycle sector in Taiwan is rather complete now, including upstream materials / components (batteries, motors, and the main vehicles), mid-stream components / sets (chairs, lights, and dampers), and down-stream systems (power, battery management, and drives/brakes) and whole vehicles (electric motorcycle). In support of the MOEA, this year (2020), TIPO offers IP (patent, trademark, and trade secrets) consultation services and courses to the electric motorcycle industry, such as how to apply, search, and prepare for examination or even litigation. TIPO hopes to enhance protection for the electric motorcycle sector’s intellectual property, such as innovations and R&D results.
TIPO’s Q1 2020 IPR Statistics ReportIn Q1 2020, TIPO received a total of 16,680 applications for invention, utility model and design patents, registering a 3% decrease over the same period last year. Of these, design patent applications filed by non-residents saw a 2% growth. Applications for trademark registrations (20,310 cases) were up by 4%; of these, the number of trademark applications filed by residents grew by 7%. Among domestic applicants, TSMC filed the most invention patent applications and NITTO DENKO, in terms of foreign applicants, topped the list. In addition, invention patent applications filed by domestic SMEs grew by 9%.PatentOf the applications filed by residents (8,381 cases), both invention and utility model patents saw a 3% decrease (Table 1). Applications by residents slipped 4% mainly because of the decline in invention patents by enterprises and utility model patents by individuals.Of non-residents’ applications (8,299 cases), design patent applications grew slightly by 2%, a growth of six consecutive quarters (Table 1).Invention patent applications filed by domestic enterprises accounted for nearly 76%. Of these, applications by SMEs grew by 9%, marking the eighth quarter of consecutive growth. This shows its increasing importance in Taiwan. As to applicants, TSMC filed the most invention patent applications (129 cases). AU OPTRONICS (114 cases) and REALTEK (111 cases) secured the second and the third place respectively (Figure 2).Invention patent applications filed by domestic colleges increased by 15%. Of these, NATIONAL CHIAO TUNG UNIVERSITY and NATIONAL CHENG KUNG UNIVERSITY, both filing 19 applications, tied for first place.As for non-residents’ applications, Japan topped the list with 3,525 invention patent applications (Figure 1). Among the largest filing companies, NITTO DENKO came on top with 148 cases and outperformed others by an increase of 92% in this period (Figure 2).In terms of design patents, US filed the most applications with 260 cases. Applications filed by the top five filing countries (regions) saw a double digit growth except that applications filed by Japan were down (Figure 1). FORD GLOBAL took the lead with 93 cases, accounting for a growth of 145%.TrademarkApplications for trademark registrations (20,310 cases) were up by 4% from the same period of last year. Applications filed by residents (15,008 cases) increased by 7%, whereas that by non-residents (5,302 cases) decreased slightly. Residents’ applications registered a positive growth for four consecutive quarters (Table 1), and their share rose from 71% in Q1 2018 to 74% in the current quarter.Looking at a breakdown by nationality of non-residents, Japan topped the list with 1,042 applications for trademark registrations. Among the top five filing countries (regions), US, R. Korea, and Hong Kong all saw a positive growth (Figure 1).A breakdown by the Nice class shows that class 35 (advertisements, business operation, etc.) received the most cases (2,729) by residents and class 9 (computer, technology products, etc.) received the most cases (1,091) by non-residents (Figure 3). In terms of growth rate, applications filed by residents and non-residents saw a 41% growth in class 37 (construction services, installation, repair services, etc.) and an 18% growth in class 12 (vehicles), respectively.ROEHL and DAHAN of domestic applicants and TURRITOPSIS of foreign applicants tied the first place with 80 cases (Table 2 and 3).For more statistical details, please visit TIPO's website.
TIPO-JPO Permanent PPH MOTTAINAI Program Comes Into Effect on May 1, 2020The Patent Prosecution Highway (PPH) pilot program between Taiwan and Japan will come to an end on April 30, 2020. In view of its excellent performance, both sides agreed that a permanent PPH program will be in place, starting on May 1 this year. The permanent program is aimed at continuing to provide applicants with stable and convenient PPH services.Taiwan and Japan have enjoyed a close economic and trade relationship. For long years, Japan outnumbers other countries in invention patent applications filed in Taiwan. Last year (2019), TIPO received as many as 13,198 invention patent applications from Japanese applicants. On the other hand, JPO received a total of 1,548 invention patent applications from Taiwanese applicants. To speed up examination so that applicants could acquire their patents quickly, since May 1, 2012, TIPO and the JPO have conducted the PPH pilot program. In 2014, the program was modified to PPH MOTTAINAI and extended for three more years in 2017.The request forms and details on the procedures of the permanent PPH MOTTAINAI can be found at TIPO’s website and JPO’s website now.
The public hearing on the draft amendments to the Copyright ActTo make better uses of copyrighted works and to balance different rights in the digital age, TIPO proposed draft amendments to the Copyright Act and held a public hearing on February 25, 2020 at Tsai Lecture Hall, College of Law, National Taiwan University to draw opinions from the public. More than 200 people attended the event, including representatives of collective management organizations (CMOs), as well as publishing, TV and music professionals.On the day of the event, the participants shared their views in regards to the content of the draft, in particular the difference between public broadcasts and public transmissions, the limitation of e-learning at schools, and criminal liabilities relating to copyright litigation. The participants also expressed their wish to know how to apply the amended regulations in the near future and the influences of such regulations. TIPO not only answered their questions on site, but arranged a Q&A sheet in written form afterwards and released it on March 6 on the office’s website. The draft amendments to the Copyright Act may be adjusted according to more feasible ideas proposed by members of society soon.The draft amendments to the Copyright Act were made to catch up with the latest trends in the digital age. Such amendments are expected to enhance protection of copyright holders, appropriately harmonize social interests as a whole, and boost growth in domestic cultural industry and add values of creativity, thereby increasing Taiwan’s competitiveness.For more information (in Mandarin), please visit:Notes on the public hearing on the draft amendments to the Copyright Act
New “Fast-Track” trademark examination mechanism to hit the road on May 1 for applicants to secure their rights quicklyTo encourage applicants to utilize TIPO’s e-filing application system and to speed up trademark examination, TIPO will enforce a “Fast-Track” mechanism soon. From May 1, 2020 on, the trademark applicants who pay their fees duly and whose documents meet the following requirements at the time of application will find their cases examined two months earlier than others: Only applications for plain trademark are eligible, excluding non-traditional trademark, certification mark, collective membership mark and collective trademark.The names of the designated goods or services are exactly the same as the ones listed in TIPO’s e-filing system.The fees are paid through a designated bank account or an electronic payment sheet in printed form by the counter or via eATM.A power of attorney should be presented if there is an agent or agents in power.The system will determine whether a case is fit for the Fast-Track mechanism. If the case meets all of the aforementioned requirements, it will automatically enter into the mechanism without an additional application form or extra fee.Once all requirements are met, this type of applications will be prioritized for examination. The applicant should expect to know whether his or her trademark can be registered 1.5 months earlier than the current average first action (FA) period. This will help the applicant use his or her trademark to expand business activities and build a portfolio sooner. Nevertheless, the “first-to-file” principle still applies here. That is, the applications which arrive at TIPO first will still be registered first, thus expelling late comers.The qualified trademark applications cases will be noted as “Fast-Track cases” in a detailed form in TIPO’s trademark search system about 1 month after e-filing, and its status will also be shown. Feel free to utilize the service!For more information (in Mandarin), please visit:Fast-Track Q&AAbout the Fast-Track mechanism
Information about the 2020 Seminar on Patent Laws and onsite Q&As are outFour sessions of the “2020 Seminar on the Points to Amendments to the Patent Examination Guidelines on Medical-related Inventions and Cases Relating to Emerging Technologies” were held in Hsinchu, Taichung, Tainan and Kaohsiung recently. Despite of COVID-19, attendance rate was an impressive 85% and the occasion was zealously embraced by the audience. The Taipei session was suspended due to the pandemic, but all relevant information and the onsite Q&As are now available at TIPO’s website. Please feel free to download the materials.For more information (in Mandarin), please visit:Information about the 2020 Seminar on Patent Laws and onsite Q&As
Online celebrations are held for World IP Day on April 26In 2000, the World Intellectual Property Organization passed the proposal of designation for World IP Day on April 26-the day on which the WIPO Convention came into force in 1970, and have celebrated this special day annually since 2001. Many countries in the world have held various celebrations for this day in ways that are close to daily life, based on its theme of the year. This year's theme is "Innovate for a Green Future.” Innovation and intellectual property right that supports such innovation being the core of a green future, these celebrative events explore how intellectual property right can boost green economies and strengthen the protection of nature, thereby attracting consumers with “green IP” in the globe’s markets.Celebrating the World IP Day with our global counterparts, TIPO has just published a series of feature stories on its Facebook page and held a Q&A contest with small prizes. TIPO hopes that the events will help people to learn the roles of IP in their daily lives. Feel free to check TIPO’s news in April at TIPO's Facebook page.
Register for the honorable 2020 National Invention and Creation Award nowTo promote innovation, encourage people to invent and create, and boost industrial development, TIPO is to hold the National Invention and Creation Award again in 2020 with NT$8.8 million cash awards. By choosing top-quality patents and awarding excellent inventors, TIPO hopes to speed up the commercialization and industrialization of patents, thereby instilling new energy into the country’s economy and helping it to grow.There are two categories for the award: invention and creation. Both categories are open to inventors, creators or designers who have obtained an invention, a utility model patent, or design patent in Taiwan over the past six years. Other than receiving grants, certificates of merit, and trophies, the winners will be invited to display their works at the 2021 Taiwan Innotech Expo free of charge, thus winning more business opportunities!To explain the selection process, TIPO will hold six information events throughout Taiwan, respectively in Hsinchu (May 4), Tainan (May 5), Kaohsiung (May 5), Hualien (May 8), Taichung (May 12), and Taipei (May 15). Please feel free to take part.For more information (in Mandarin), please visit:The award websiteRegister online for the information event
Professional events for patent attorneys held by TIPO in 2020To ensure applicants’ rights and to improve the quality of services provided by patent professionals, patent attorney and patent agent should participate in the training related to Patent Attorney expertise every two years during practice; the required minimum number of hours is twelve. This year, TIPO will hold such events including 2020 Seminar on the IP Landscape in New Southbound Countries, Seminars on IP Affairs, and 2020 Seminar on the Global Patent Search System and Its Applications (see attachments). Those interested are welcome to take part. However, please be noted that the schedules for the aforementioned events may be adjusted depending on how the COVID-19 pandemic goes. For the latest updates, keep an eye on TIPO’s website.More information (in Mandarin)
Registration welcome for the 2020 TIPA classes designed for IP professionalsIn an age of knowledge economy, intellectual property right is the key to getting ahead of the game and grasping opportunities quickly. To strengthen IP professionals’ capabilities at work, TIPO entrusted the Taiwan Intellectual Property Training Academy (TIPA) under the Graduate Institute of Interdisciplinary Legal Studies, College of Law, National Taiwan University to run training courses for them. Registration starts now and the courses will begin in February onwards. Those who are interested are encouraged to take part.TIPO investigated into corporate IP professionals’ needs and designed courses for patent and trademark certification exams for IP professionals. TIPA provides the following eight classes: (1) IPR Basics, (2) Drafting Patent Specifications, (3) Patent Examination Guidelines, (4) Patent Application Formality Management for Patent Engineers, (5) Patent Search and Analysis, (6) Trademark Application, Management, and, Enforcement, (7) IP Litigation – Basic, and (8) IP Litigation– Advanced.All of the aforementioned classes are lectured by the best scholars and experts from universities, the government and industry, who are eager to share their professional knowledge and hands-on experiences. The training courses are expected to significantly increase one’s professional IP capabilities if he or she wishes to join the IP industry, to learn about IP practices, or simply to learn a bit more about IP.Also, TIPO will hold certification exams for intellectual property professionals in July and August. With a major focus on the practice, this is the first certification exams designed to test the professional capacity of IP practitioners in Taiwan. Both IP professionals and aspiring talents are encouraged to join the exams.TIPA has conducted a survey among previous participants, too. As many as 80% of the participants thought the training courses were helpful for gaining more professional knowledge and skills. More than 70% also believed that, after the training, they would be able to effectively resolve challenges at work and to improve work efficiency. The survey result shows that the training was well received.Registration for the 2020 courses is open now. All interested members of society are encouraged to book their seats at the TIPA website.For more information (in Mandarin), please visit:Course informationIP certification exam information
TIPO releases 2019 PPH program statisticsIn recent years, the number of patent applications has seen a significant growth, due to rapid economic developments around the world. Thus, the globe’s IP offices are all actively signing Patent Prosecution Highway (PPH) programs to share examination results, thereby ultimately reducing the patent backlog. At this moment, TIPO has been in PPH cooperation with six countries: the United States (effective since Sept. 1, 2011), Japan (effective since May 1, 2012), Spain (effective since Oct. 1, 2013), South Korea (effective since April 1, 2015), Poland (effective since August 1, 2017), and Canada (effective since Feb. 1, 2018), to help applicants acquire patent examination results sooner.As of end of 2019, Taiwan-US and Taiwan-Japan applications have taken up the largest proportion of the total PPH applications, at 3,007 and 3,529 respectively. In 2019 alone, the number was 455 and 427 respectively. On average, in 2019, it took 47.4 days for an applicant to receive an Office Action (OA) and 118.5 days to receive examination results of a PPH case. PPH has truly reduced the time needed in comparison with invention patent applications which requires 258.3 days for an applicant to receive an Office Action (OA) and 407.7 days to receive examination results, and thus beneficial to patent applicants in terms of acquiring their rights in the contracted countries. TIPO will actively formulate PPH cooperation frameworks with international counterparts. Through this mechanism, TIPO looks forward to assisting applicants in expanding their patent portfolios around the world, in addition to improving patent examination efficiency.More information (in Mandarin)
Activities of the 2020 IPR Service Group will kick off at end of MarchTo advocate intellectual property rights (IPR) protection, TIPO gathers up IPR experts and scholars to form the IPR Service Group, which gives lectures across Taiwan throughout a year to fulfill society’s needs. As long as there are 30 attendants or more, any school or institution can ask TIPO to give a two-hour lecture for them. For companies, a minimum of just 20 attendants are required. The date of lecture and the issues to be discussed may be decided by the applicant, and all this is free of charge. For the latest updates, please visit the TIPO website.
TIPO Publishes the draft amendments to the Copyright Act on January 30, 2020To make Taiwan’s copyright laws more comprehensive, TIPO decided to propose draft amendments to the Copyright Act in terms of the major issues that can affect the public deeply. In total, 32 articles were amended, 5 articles were added, and three articles were deleted. The points to the amendments are as follows:In response to recent technological development, TIPO amended the definition for public broadcasting and public transmission, and added the right to simultaneousfurther to the public.TIPO discussed who should enjoy the copyright and whether this would be reasonable. TIPO also amended the person(s) to enjoy the economic right in a contract between an employer and an employee. , it amended the legal relationship between the and the , so that no matter the is a natural or juristic person, the must serve as the author according to the contract between the two parties, thereby meeting the actual needs.To facilitate the circulation and use of works, TIPO amended the rules for moral rights. It excluded the performer’s right to public release his or her work, and also amended the definition for public release.TIPO amended the definition for the fair use of the limitations on economic rights, including the fair use of long-distance courses of schools and that of browsing through texts online of libraries under certain conditions. TIPO also amended the fair use of a work for not-for-profit activities – the organizer of a regular, not-for-profit activity may use the work upon a fair amount of remuneration, without having to acquire the of the rights holder. As to people who play music with their own devices for dancing in a park, no licensing or payment is needed.About amending the rules for compensation for damages:Amendments were made to the rules of the burden of proof for claiming compensation. The injured party may ask the court to set a compensation amount between NT$10,000 and NT$1 million depending on the details of damages.According to the amendments, the injured party may choose to claim compensation for damages his or her licensing fee. This shall encourage the injured party to accept civil compensation instead of criminal litigation.About amending outdated rules for criminal liability:Delete minimum imprisonment of six months for some minor infringement of copyright. The court may set the details of the punishment according to the cases, so as to avoid over-punishment.The persons who sell authentic goods imported from overseas in Taiwan without authorization will not be bound by criminal liability anymore.Delete the criminal punishment for distributing authentic goods, for which civil remedy is available under current Act. This shall set it apart from the liability for distributing counterfeit goods.For more information (in Mandarin), please visit:A general description to the draft amendments to the Copyright ActA comparison table of the current and the amended Copyright Act in draft