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New 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. - 42
TIPO 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. - 43
TIPO 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. - 44
Top 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). - 45
TIPO’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] - 46
Analysis of Trends in Trademark Applications Filed in 2017-2021
On November 21, 2022, WIPO released the latest edition of the World Intellectual Property Indicators 2022 (WIPI 2022), which provides information on various aspects of trademark worldwide for the year 2021, including the total number of applications and registrations, first OA and disposal pendency, final decision data, and application class counts per GDP and capita. TIPO analyzed trademark application trends for both foreign enterprises and industrial development of local counties and cities by referring to WIPI 2021 data and Taiwan’s trademark registration statistics from the past five years. The analysis evaluated the potential industrial development of Taiwan's industries by examining the classes of goods or services designated in trademark applications and compared them with global application trends. This analysis culminated in the report Analysis of Trends in Trademark Applications Filed in 2017-2021.The report indicates that the number of trademark applications worldwide in 2021 was nearly 14 million, covering over 18.1 million classes, with significant growth of 5.5%. Due to effective prevention measures and public cooperation with government policies, without any large-scale lockdown or stringent public quarantine measures, Taiwan's economy remained relatively unaffected by the impact of the pandemic and is currently in recovery. The report also shows a slight increase of 1.15% in the number of foreign trademark applications filed in Taiwan compared to the previous year.The Analysis of Trends in Trademark Applications Filed in 2017-2021 can serve as a valuable reference for the development of industry IP portfolios, brand building, and market trend forecasting. - 47
TIPO’s Q4 2022 IPR Statistics Report
In Q4 2022, TIPO received a total of 19,130 patent applications (including invention, utility model, and design patents), which remained steady compared to the same period last year. Among them, 13,370 invention patent applications were filed, marking a 3% increase. Trademark applications, on the other hand, stood at 22,890 cases with a drop of 8%. As for invention patent applicants, ITRI ranked first (213 cases) among resident applicants, outnumbering the others for the second year in a row; Samsung Electronics (212 cases) led all non-resident applicants. The top resident and non-resident trademark applicants were Cathay Life Insurance (128 cases) and FindSatoshi Lab (37 cases), respectively. Patent ApplicationsCompared to the same period (Q4) last year, overall patent applications (19,130 cases) received by TIPO saw a slight decrease of 0.4%. Of these, the majority were invention patents, with 13,370 cases and a 3% increase. Both resident applications (5,265 cases) and non-resident applications (8,105 cases) increased, with the former showing a higher growth rate (6%) compared to that of the latter (1%) (Table 1).As for resident applications, ITRI filed the most invention patent applications (213 cases), surpassing other applicants. Inventec (76 cases) registered a considerable growth rate of 171%. The number of applications filed by Mediatek (147 cases) and Nan Ya Plastics (64 cases) hit their decade highs (Figure 2).In terms of design patent applications, Acer filed the most applications with 40 cases. Getac (30 cases) and AUO Display (13 cases) entered the top 5 list for the first time (Figure 3).The number of invention patent applications from domestic enterprises (3,896 cases) and colleges and universities (541 cases) both grew by 10%.The number of invention patent applications filed by foreign applicants (8,105 cases) saw a small increase of 1% (Table 1). Japan filed the most with 2,942 cases (Figure 1). Among the top 10 applicants, Samsung Electronics leaped to the top of invention patent applications for the first time by filing 212 applications. The number of invention patent applications filed by Samsung Electronics, LG Display (82 cases), and Lam Research (71 cases) are at their all-time highs (Figure 2).As for design patents, Ford Global Tech came out on top with 44 applications. PSA (22 cases) saw a growth rate of 120%, and Japan Aviation hit a new record high with 24 applications, entering the top 5 list for the first time (Figure 3).Trademark ApplicationsCompared to the same period last year, trademark applications reached 22,890 cases (covering 29,252 classes) and saw a decrease of 8%, given a higher base period last year. The number of applications filed by residents (18,088 cases) and non-residents (4,802 cases) both decreased (Table 1).As for trademark applicants, Cathay Life Insurance filed 128 applications, outnumbering all other resident applicants (Table 2). Most of the number of applications filed by the top 10 applicants increased. In terms of the classes resident applicants filed under, most applications (3,734 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 (909 cases) (Figure 1). FindSatoshi Lab Limited, a company incorporated in the British Virgin Islands, ranked first among non-resident applicants with 37 applications, surpassing all others (Table 3). The number of applications filed by the top 10 applicants all saw positive growth. Regarding trademark classes, non-resident applicants filed the most applications (1,065 cases) in Class 9, “Computer and Technology Products, etc.” (Figure 5)The top 3 industry categories trademark applicants filed under were “Agriculture” (6,116 cases), “Business Services” (4,982 cases), and “Health” (4,595 cases). Most applications filed by residents were under “Agriculture” (5,243 cases), the majority of which were for the hospitality industries. On the other hand, most non-resident applications were filed under “Research and technology” (1,738 cases) (Figure 6). - 48
2022 National Invention and Creation Award Winners Announced
The National Invention and Creation Award recognizes creative endeavors and acknowledges the inventive contributions of its awardees. This year's winners, 43 outstanding entries in total, have just been announced and will share the total grant of $8.7 million NTD. Among the winners were 6 gold and 20 silver medals in the invention category, as well as 6 gold and 11 silver medals in the creation category. One of the gold medalists of the Invention Award presented the patent "Sport posture analysis system and method thereof," which uses built-in sensors in rackets to detect players' swinging motion, generating accurate, objective and efficient training data. This invention has been recognized by the International Table Tennis Federation and was utilized in the para-athletics classification system during the Tokyo 2020 Summer Paralympics.The Taiwanese government established the National Invention and Creation Award to encourage innovative research and development and honor exceptional invention, utility model, or design patents. The competition attracted a total of 459 eligible entries vying for the highest accolade, including 382 entries for the invention award and 77 for the creative award, showcasing active participation from industry, academia, and research institutions. Entries showcased unique innovations and applications in various technical fields and were evaluated fairly by being divided into groups based on their respective technical fields. Winners were selected through rigorous preliminary and secondary evaluations conducted by experts and scholars and will be awarded certificates, trophies, and prizes.TIPO highlights that many of the awarded patents have been successfully commercialized and patented in multiple countries, which indicates significant market potential. The winning patents span various industries, including "Liquid Crystal and Photonics," "Information and Communication," "Biotechnology and Medicine," "Medical and Industrial Materials," "Intelligent Machinery," and "Circular Economy." By recognizing the award winners, TIPO hopes to facilitate commercialization and industrialization of innovative R&D achievements, which play significant roles in Taiwan’s economic growth.The winners will receive their awards at the 2023 National Industrial Innovation Joint Award Ceremony in April this year. Their winning entries will be showcased at the 2023 Taiwan Innotech Expo from October 12-14, garner interest from both local and international investors, and generate business prospects for inventions and innovative works in Taiwan. - 49
TIPO Releases International Patent Trend Analysis Report on Carbon Capture Technology
Aimed at intensifying efforts to fight climate change, the Glasgow Climate Accord calls for a reduction in the use of coal and establishes the basic rules of the global carbon market. In line with this, the National Development Council of Taiwan published Taiwan’s Pathway to Net-Zero Emissions in 2050 in March last year, which identified "carbon capture, utilization, and storage" as one of its 12 key strategies.In response, TIPO is focusing on Carbon Capture, Utilization, and Storage (CCUS) and has compiled relevant patent information (published before the end of December 2021) from various countries. Said information will be subject to further analysis to provide a comprehensive view of overall patent trends, global patent filing trends for related technologies, and filing trends at major patent offices. Furthermore, TIPO will conduct a thorough analysis of the most frequently cited and industry-relevant patent cases related to carbon capture technologies in high-emission industries (e.g., petrochemicals, steel industry, etc.). Based on this analysis, TIPO will release the International Patent Trend Analysis on Carbon Capture Technology for public reference. - 50
Metaverse-Related Technology Analysis Report Published for Public Reference
The emergence of Metaverse is expected to drive significant advancements in extended reality (XR), digital service platforms, and internet technologies. To assist in understanding core technologies of the Metaverse, TIPO has analyzed 107,000 patents related to the Metaverse that were filed before 2021. Based on their structures and themes, 32 crucial patents have been selected and further analyzed to provide the latest insights on the core technology and patent trends in the Metaverse. This report also features suggestions regarding Metaverse patent application and examination for reference to the public. - 51
TIPO Launches New Inquiry System for Patent and Trademark Certificates and Rights
TIPO has made available the "Inquiry System for Patent and Trademark Certificates and Rights" service since 2017, allowing users to search the latest rights status using an array of search criteria, such as certificate number, application number, rights holders/agents, publication date, and patent title or trademark name. Additionally, users can scan QR codes on patent and trademark certificates for immediate access to information.The Office has redesigned the website of the service with a focus on a user-friendly interface to improve efficiency and service quality. The new website features include the following:1. Optimized operation for enhanced convenience and mobile device compatibility.2. Unlimited search results per search, eliminating the previous display limit of 500 results.3. Customizable display of search result pages and number of results per page for ease of browsing.TIPO is pleased to announce the pre-launch of its redesigned website, developed to offer a more streamlined and user-friendly experience. The website is now open for a trial run - all interested parties are welcome to test out its features! - 52
TIPO Enhances Online Systems with Addition of New Administrative Appeal and Litigation Case Information
TIPO has collaborated with the Petitions and Appeals Committee of the Ministry of Economic Affairs and the Judicial Yuan to increase the accessibility of intellectual property information in Taiwan. As a result of this partnership, TIPO has integrated patent and trademark case information (including this year and the last five years) and litigation information (dating back to 2021) into systems such as "Patent Public Information Inquiry System", "Trademark Search," and the "My Filings" section on the e-Filing platform, allowing users to access complete case information. These services were officially made available to the public on December 19, 2022.Users can now browse administrative appeals and litigation information and download the full text of appeal decisions and litigation judgments directly. Additionally, the “Patent Public Information Inquiry System” has been optimized to provide a more convenient and intuitive inquiry feature. All parties are welcome to utilize these services. - 53
CCUS in 2050 Net Zero Transitions – An Opportunity for Business Growth
Renewable energy plays a critical role in achieving carbon neutrality, and carbon capture, utilization, and storage (CCUS) is considered the final stretch towards net zero emissions. TIPO has compiled an analysis report on CCUS patent application trends and an overview of the patent landscape in this field for public reference.TIPO reports 12,610 global CCUS-related patent technologies (patent families), with 7,406 families in carbon capture, 4,399 in carbon utilization, and 805 in carbon storage – numbers continuously growing as the importance placed on addressing climate change increases. The Office’s analysis of the global patent landscape revealed a correlation between market sizes, level of importance placed on related issues, and number of patent applications. China, Europe, and the United States now have the record for the highest number of applications, most of them being local applications.Carbon absorption is the most prevalent and advanced technology among carbon capture methods, accounting for 39.1% of all related applications. Said method involves capturing carbon dioxide emissions using an absorbent. Adsorption technology, which accounts for 26.7%, is the next most prevalent, utilizing an adsorbent to bind carbon dioxide. Membrane separation technology, accounting for 12.5%, employs a thin film of organic or inorganic material to separate carbon dioxide from other gases. Although absorption technology continues to lead the field, there is an increasing trend in patent applications for adsorption and membrane separation, indicating that various companies and organizations worldwide are exploring a diverse range of carbon capture technologies.TIPO’s report highlights that despite the limited presence of patent applications for carbon capture technology in Taiwan, certain companies and research institutions are actively pursuing research and patenting said technologies. As an example, the Industrial Technology Research Institute and Taiwan Cement Corporation are collaborating to capture carbon dioxide through calcium looping process in order to reduce energy consumption and additional carbon dioxide emissions in the cement production process, demonstrating a leadership role in carbon capture technology.Carbon utilization technology has a broad range of applications, including the conversion of carbon dioxide into chemicals like methanol and methane, and even into novel carbon-based materials such as graphene, carbon tubes, and carbon fibers. Of the various methods for reusing carbon dioxide, the numbers of patent applications for converting carbon dioxide into methanol (11.4%) and methane (8.3%) are relatively high. Major companies, including CPC Corporation and Formosa Plastics Corporation, are investing in such technologies to boost competitiveness in the petrochemical industry. The China Steel Corporation has also leveraged its close proximity to local petrochemical companies and formed partnerships in steel and chemical co-production to optimize carbon capture and utilization/usage (CCU) benefits. Furthermore, with limited R&D in the field of novel carbon materials and a majority of investors being start-up companies, converting carbon dioxide into novel carbon materials could be a potential new business opportunity for SMEs in Taiwan.Applications for carbon storage technologies primarily come from countries or companies that possess oil and gas resources, with 48.1% of the applications focused on the technology of underground injection of carbon dioxide into reservoirs during oil and gas extraction. The implementation of carbon storage technology is limited in Taiwan due to the absence of natural gas or oil production, regulatory hurdles, and the requirement to gain consent from nearby residents for underground injections of carbon dioxide.As of recent, carbon pricing has been skyrocketing, and regulations are becoming increasingly stringent as countries move toward a consensus on reducing carbon emissions. TIPO emphasizes that industries should stay informed about the global CCUS patent landscape and proactively leverage their strengths and resources to research and develop new technologies so as to seize business opportunities in sustainability, leading to a positive impact on both the environment and the economy in the transition to a zero-carbon economy.For related information, please see:https://www.tipo.gov.tw/tw/cp-85-916712-4b1c5-1.html - 54
The 2023 Taiwan-Japan Intellectual Property Symposium: A Resounding Success!
The 2023 Taiwan-Japan Intellectual Property Symposium, a collaborative effort of the organizers Taiwan-Japan Relations Association and Japan-Taiwan Exchange Association, in partnership with co-organizer Taiwan Intellectual Property Office (TIPO), was held on January 10th at the GIS MOTC Convention Center. It brought together an esteemed group of guest speakers, including Taiwan-Japan Relations Association Deputy Secretary-General Ching-Hung Lin, Japan-Taiwan Exchange Association Deputy Representative Dr. Takashi Hattori, Taiwan Intellectual Property Office (TIPO) Director-General Shu-Ming Hung, and Japan Patent Office (JPO) Policy Planning and Coordination Department Director-General Mikiharu Shimizu (remarks read on his behalf by Director Tauchi Koji of the Multilateral Policy Office, International Policy Department).The Symposium featured detailed presentations from JPO Multilateral Policy Office Director Tauchi Koji, TIPO International Affairs and Planning Division Director Chi-Hsien Chou, Wisdom International Patent & Law Office Registered Japanese Patent Attorney Kai Furihata, and Jou and Jou Patent Offices Patent Attorney Mike Jou. The speakers delved into the latest developments and initiatives of JPO, offered insights on the patent-related support measures provided by the Taiwanese government for enterprises to develop overseas markets, introduced the nuances of the Japanese invention patent system, and shared actionable strategies for applying and efficiently acquiring Japanese patent rights.Over 110 participants attended the 2023 Taiwan-Japan Intellectual Property Symposium, bringing together industry, government, and academia. The Symposium sparked a dynamic exchange of ideas and insights among participants and experts from both Taiwan and Japan, and fostered vibrant and engaging discussions throughout the event. - 55
2022 TIPA IP Symposium: Trial Model of Patent Litigation Concludes Successfully!
To enhance the productivity of the trial model of patent litigation, as well as safeguard the procedural rights of the parties involved during patent litigation at the courts and TIPO, TIPO has been actively advocating simplification of the administrative remedy proceedings and amendments to the both parties adversary trial system.In order to learn from relevant experience from other international entities, TIPO made a special request to TIPA and the IP and Commercial Court to organize the hybrid 2022 TIPA IP Symposium: Trial Model of Patent Litigation on November 18, 2022 at the NTU College of Law Tsai Lecture Hall. TIPO hopes to better understand the relevant international systems and practices through this event, which will serve as a reference for us to establish a regime in the future that better aligns with the expectations of patent professionals.The symposium invited speakers to share their experiences on topics including trial procedures and practices of the US PTAB, US Federal District Courts, Germany Federal Patent Court, and in Japan. The event attracted over 540 attendees from academia, the public and private sectors to attend in person and online. Participants engaged in avid discussions and were able to fully exchange opinions.Excerpts of discussion from the symposium shall be posted online under TIPA IP Monthly Issue. The public is invited to follow the TIPA official website and TIPO’s official FB page to get the latest updates and information. - 56
TIPO Releases the Reference Manual on Green Manufacturing Proprietary Technology within the Semiconductor Industry’s Supply Chain Transformation
Goals to reach net zero emissions by 2050 have become important policy priorities for governments across the world, who have gradually incorporated sustainability within their policies and regulations to drive greater discussion within the private sector on topics such as sustainability, reducing emissions, and the environment.Taiwan has the most developed semiconductor industry cluster and division of services in the world. As the industry continues to grow rapidly, wafer foundries must carefully weigh the balance between reducing emissions and maintaining product yield. Major concerns include how to resolve ensuing environmental pollution issues, how to recycle and reuse relevant materials, and how to replace or reduce the use of related compounds.TSMC, the global leading semiconductor manufacturer, has worked with equipment manufacturers since 2016 to develop energy-efficient green machinery for semiconductor manufacturing. They have also included energy-efficient requirements into procurement standards and specifications for new machines, becoming the world’s first semiconductor company to drive equipment manufacturers to adopt energy saving measures with advanced equipment.TIPO compiled a manual of proprietary technology and case studies of green manufacturing machinery from 10 businesses within TSMC’s supply chain. Through analyzing case studies, TIPO elaborates on the green manufacturing development status and trends of these suppliers, in hopes that this can serve as a reference for domestic semiconductor companies looking to transform their green manufacturing supply chains. - 57
Online Manual “Top 10 Internet Copyright Case Studies” is Now Available!
Recent developments in digital technology have introduced new and diverse uses of internet copyrights, e.g., P2P, embedded links, set top boxes, APP, etc. As the scope of use for copyrights has increased, related controversies and disputes have also ensued. To help copyright holders better understand how to protect their copyrights and users better understand legal copyright use, TIPO has compiled a list of judicial rulings in the past ten years regarding internet copyright issues.The compilation includes topics such as APP copyrights infringement, illegal distribution of set-top boxes, online gaming, or repurposing photos, posts/content, or video clips from other persons for online retail or e-commerce businesses, etc. Each case study also includes a summary of the relevant copyright issues and regulations, as well as practical judicial insights, to help readers understand important concepts and judicial opinions regarding internet copyright disputes. TIPO hopes the manual will prevent copyright infringements with internet use, thereby promoting proper use of copyrighted works. - 58
Revisions to Part I of the Patent Examination Guidelines Come into Effect on December 1, 2022
TIPO has made revisions to Part I of the Patent Examination Guidelines regarding procedural examination and patent rights management. Main revisions are as follows:I. Chapter 1 - Procedures for Filing Patent Applications and Related Patent MattersElectronic signatures are on the rise. As the documents submitted for patent applications are primarily governed by private law, an electronic signature may be accepted as long as both parties can agree to the validity thereof. TIPO has therefore revised "1.2.4 Signatures for Electronic Documents" to relax requirements for signature formats. The signee only needs to provide a form of signature (whether it be a signature, stamp, or electronic signature) that matches the signature on the application documents.II. Chapter 3 – Patent ApplicantIn accordance with adjustments made to procedural examination, revisions have been made to “3.1 Inventor Change," "4.1 Applicant Name or Title Change," "4.5 Inventor Name Change," and included case studies to help the public better understand the principle of examination. The revisions also specify that applicants who are able to rectify inconsistencies on documents submitted with their applications do not fall under this category. In accordance with a judicial ruling, TIPO also included a case study explanation regarding name changes for different applicants who belong to the same entity.III. Chapter 5 – Filing DateThe establishment of the filing date is closely tied to the patent applicant provided on the application. To clearly stipulate that the cause for decisions on postponement of the filing date, revisions were made to “1.1 Application” for further clarification. The three relevant scenarios were also listed as "Change in Applying Entity," "Addition of Listed Applicants," "Decrease in Listed Applicants.”VI. Chapter 7 – Patent Priority and Grace PeriodAdded an example of incorrect priority document to the “1.5 Documentation and Submission Timelines for Priority.”V. Chapter 8 - Deposit of Biological MaterialsAdded revision to "4. Documentation for Deposit of Biological Materials" stipulating that a depository not an international depositary authority (IDA) under the Budapest Treaty must include viability information as required documentation.VI. Chapter 19 – Change of Patent RightsRevised “6. Recordation of Pledge Establishment ” and “6.2 Requisite Application Documents” in accordance with changes to Article 67 of the Enforcement Rules of the Patent Act announced on October 20, 2022.VII. Other RevisionsRevisions to all other chapters made in accordance with the relevant revisions to official regulations and procedural examination. - 59
New Upgrades to TIPO’s Digital Services – Online Certificates for Patents and Trademarks Available from 2023
To ensure TIPO offers more comprehensive digital services that better align with global trends, TIPO plans to offer online certificates for patents and trademarks from January 2023. The paperless process will make it more convenient for right holders to obtain and save their certificates, as well as reduce the cost of printing and mailing paper copies – a beneficial step towards achieving sustainable development goals of conserving energy and reducing carbon emissions.For the applicant’s convenience, TIPO will not make online certificates mandatory for all. The applicant may choose either an online or paper certificate when requesting their patent certificate or paying trademark registration fees. Should the applicant require a paper certificate later on, those who choose to receive an online certificate may apply for a paper copy.Upon receiving notification from TIPO that their certificate has been issued, applicants can download the online certificate by entering their verification code at the specified site within six months. Applicants may also obtain their online certificates through the E-SET e-delivery system. Afterwards, applicants will be able to access their online certificates on the e-portal with their digital certificate, under “My Applications.”TIPO's online certificates will be provided via PDF formats for easy circulation. The online certificates will be equipped with anti-counterfeiting measures that require verification and digital signatures, as well as a QR code. Right holders may upload digital files of their certificates onto TIPO's system or scan the QR codes to quickly verify the authenticity of their patent certificates, as well as access any updates to the status of their rights. - 60
Revisions to the Industry Collaborative Patent Interview Pilot Program Will Take Effect Jan 3rd, 2023
TIPO has implemented the Industry Collaborative Patent Interview Pilot Program (hereinafter referred to as "the Program") from November 1st, 2021, to October 31st, 2022. The Program has been well received by the public. To further enhance the process of collaborative patent interviews, TIPO has made revisions to the Program and plans to renew the trial period for another two years. This Program aims to provide applicants with swift and smooth patent rights application experience and assist them in building their patent portfolio. The interviews with applicants allow patent examiners to better understand the application's advanced technical content, thus enabling them to conduct an efficient and high-quality examination. Patent applicants may proactively submit a letter of intent in paper or electronic form. - 61
TIPO’s 2022 Trade Secrets Protection Enhancement Seminars for Businesses
To assist businesses in establishing comprehensive mechanisms for trade secrets protection, TIPO has collaborated with the Taiwan Association for Trade Secrets Protection (TTSP), the NSTC Central Taiwan Science Park Bureau, the MOEA Export Processing Zone Administration, and the MOI NPA Second Special Police Corps to hold 3 sessions of the Trade Secrets Protection Enhancement Seminars for Businesses. The seminars were held on September 16, 23, and October 7 at the Central Taiwan Science Park, New Taipei Industrial Park, and the Kaohsiung Nanzih Technology Industrial Park respectively, with 149 attendees engaging in lively discussions and exchange.Industry experts and judicial enforcement professionals were invited to speak, share their experience, and answer questions on four main topics: appropriate confidentiality measures for trade secrets protection, investigations of trade secrets infringement, enhancing management of trade secrets protection with case study examples, and SOP for reporting trade secrets infringement. TIPO hopes that the seminars can help businesses establish better systems to manage trade secrets protection and respond to trade secrets infringements. - 62
Comprehensive Guide to Domestic and Foreign Trademark Applications is Now Available!
To help industries better understand Taiwan’s trademark registration process, trademark protection and management, as well as important things to know when applying for trademarks overseas, TIPO has compiled the Comprehensive Guide to Domestic and Foreign Trademark Applications.The guideline provides businesses with tips on how to apply for domestic trademarks and the importance of applying for trademarks overseas. In addition to covering basic knowledge about trademark rights, it also touches upon resolutions for trademark disputes. At the same time, the guideline also provides relevant government resources in hopes of effectively assisting SMEs with difficulties in trademark protection. The guideline mainly consists of the following:1. The Benefits of Trademarks: Trademark basics, benefits of registering a trademark, and the branding process.2. Tips for Domestic Trademarks: Important information on applying for domestic trademarks and relevant regulations on trademark reproduction design.3. The Importance of Trademark Registration Abroad: Important information on applying for trademarks overseas, monitoring similar trademarks registered abroad and infringement, and strategies on dealing trademark squatting incidents abroad.4. Protection and Management of Trademark Rights: Protection of trademark rights, dispute resolution procedures, civil and criminal liabilities of trademark infringement, and defenses to trademark infringement.5. Government resources and services: TIPO provides relevant information on IPR; MOEA IDB provides assistance with branding; MOEA SMEA provides relevant information and counseling for new startups. - 63
Patent pledge registration will no longer require a patent certificate, and relaxation of the reasons for applying for the reissuance or renewal of a patent certificate
To relax regulations and safeguard the rights of patent holders and pledgees, revisions were made to the Enforcement Rules of the Patent Act and promulgated on October 20, 2022. The application process for patent pledges have been simplified, and reasons for reissuance or renewal of patent certificates have been relaxed. Highlights of the revisions are as follows:I. Deleted requirement that applicants filing for a patent pledge must include the patent certificate, as well as requirement stipulating that patent pledge information must be included within patent certificate.II. Added “Change in Requisite Information to be Included on Patent Certificate” as a reason for applying for the re-issuance or renewal of a patent certificate. Added the requirement for the Specific Patent Agency to void the original patent certificate upon the re-issuance or renewal of a new patent certificate. - 64
The Trend Analysis Report of Smart Flight Control Technology of Drones is Now Available!
With the recent rise in commercial drones, their use is now visible in industries as wide-ranging as transportation, agriculture and animal husbandry, search, rescue, and patrol, as well as national defense. Drones have evidently become an important tool in the development of many major industries. Yet an integral and indispensable part of drone technology lies in smart flight control. The report details the development of domestic and international drone industries and targets smart flight control technology to conduct patent trend analysis.The greatest advantage of Taiwan’s drone industry is our thriving ICT and semiconductor industries. Taiwan has a complete supply chain for drone batteries, AI chips, microprocessors, camera lens assembly, image processing chips, etc. and has the advantage of being able to control R&D costs and facilitate systems integration. TIPO hopes that the report can help domestic industries better grasp the development trends in drone technology, which will serve as reference for future industry development. - 65
Trade Secrets Protection Seminars for Foundations and Academic Institutions
Collaboration between foundations, academic institutions, and corporations may potentially involve or yield trade secrets. As such, TIPO held the Trade Secrets Protection Seminar for Foundations and the Trade Secrets Protection Seminar for Academic Institutions on September 27 and October 20 respectively.The seminars covered topics such as the current regulations on trade secrets, real case studies, and trade secrets protection strategies. Participants also asked questions and shared their opinions and experiences during the seminar. The event helped foundations and academic institutions bolster the protection and management of trade secrets. - 66
TIPO’s Report on Net Zero Emissions Measures by International CMOs and Music Industries Shares Latest Updates on Carbon Reduction Measures Adopted by Music Industries Abroad!
Climate change and the environment are some of the major issues impacting our generation. As such, TIPO has compiled the Report on Net Zero Emissions Measures by International CMOs and Music Industries focused on efforts by the music industry to combat climate change. The report introduces carbon reduction and net zero emission measures adopted by foreign music industries and CMOs in the fight against climate change. TIPO hopes that by providing a reference for Taiwanese people, our music industries can transition to a more environmentally friendly and sustainable future.The report is available on the official TIPO website under Net Zero Emissions IP Information for public download. - 67
TIPO’s Q3 2022 IPR Statistics Report
In Q3 2022, TIPO received a total of 18,174 patent applications (including invention, utility model, and design patents) as well as 25,310 trademark applications, marking an increase of 0.2% and 2% compared with the same period last year, respectively. Invention patent applications saw a growth of 3%; TSMC, ranking first (277 cases) among resident applicants, outnumbered the others for the seventh year in a row, and Qualcomm (220 cases) led all non-resident applicants. The top 3 industry categories for trademark applications were filed under “Agriculture,” “Business Services,” and “Health.” Most trademark applications filed by residents and non-residents were under “Agriculture” (5,866 cases) and “Research and technology” (1,918 cases), respectively. Uni-President (191 cases) ranked top among resident applicants, whereas Ipplus Technology (150 cases) filed the most applications among non-resident applicants.Patent ApplicationsAmong the three types of patent applications, those for invention patents were the most filed (12,555 cases), marking a growth of 3% over the same period last year (Table 1). The increase was mainly due to the applications filed by non-residents. On the other hand, the number of utility model and design patent applications decreased.The number of invention patent applications from domestic enterprises (3,704 cases) fell by 1%. Of these, the applications filed by large enterprises (3,020 cases) grew by 0.3%, while that of small and medium enterprises (684 cases) decreased.As for resident applications, TSMC filed the most invention patent applications (277 cases), surpassing other domestic applicants for seven consecutive years. The number of applications filed by UMC (118 cases) and Innolux (89 cases) hit their historic highs, seeing a remarkable growth of 13.75 and 43.5 times, respectively, compared to the relatively low applications filed in the same period last year (Figure 2). The former ranked second among resident applicators, the highest position it has ever achieved since TIPO first published its Q3 record in 2012.In terms of design patents, Acer filed the most applications (40 cases) and retained the top spot for two consecutive years. Tarng Yu (15 cases) saw the highest growth rate, with an increase of 150% (Figure 3).Domestic invention patent applications filed by colleges and universities (454 cases) grew by 9%; of these, National Cheng-Kong University ranked first with 36 cases. Research institutions filed 132 applications, and ITRI topped the list with 47 applications. Banks, insurance companies, and securities and futures companies cumulatively filed 62 applications, with Mega International Commercial Bank as the biggest applicant (13 cases).For non-resident applications, invention patents (7,779 cases) grew by 5% compared to Q3 last year and accounted for the majority of all three types of patent applications (Table 1). Among non-resident applicants, Japan led with 2,942 invention patent applications, and those from the USA (1,973 cases), Mainland China (1,006 cases), and R. Korea (689 cases) increased by 9%-36%. As for design patents, Japan also came out on top with 197 applications (Figure 1).As for the top 10 non-resident applicants, Qualcomm led the list of invention patent applicants by filing 220 applications, followed by Applied Materials (218 cases) (Figure 2). Among design patent applicants, Koninklijke Philips ranked first with 49 applications; Apple and Cartier tied for second place, each filing 29 applications (Figure 3).Trademark ApplicationsCompared to the same period last year, trademark applications (25,310 cases) received by TIPO grew by 2%; the number of classes covered (32,105 classes) also showed the same growth rate. The number of resident applications (19,789 cases) was up by 4%, while that of non-residents (5,521 cases) decreased (Table 1) .In terms of the top 5 classes resident applicants filed under, most applications (4,071 cases) were filed under Class 35, “Advertising, Business Management, Retail and Wholesale Services, etc.” The applications under Class 41, “Education, entertainment, etc.” marked the highest growth rate with 18% (Figure 4). Most of the applications of the top 10 applicants increased. Uni-President filed 191 applications, outnumbering all resident applicants (Table 2).Among non-resident applicants, Mainland China filed the most applications (1,153 cases). The applications from Japan (980 cases), R. Korea (472 cases), and Singapore (458 cases) increased; all growth fell in the range of 26%-263%, while those from the USA (808 cases) dropped (Figure 1). In terms of application classes, non-resident applicants filed the most applications (1,089 cases) in Class 9, “Computer and Technology Products, etc.” The applications for Class 3, “Cosmetics and detergents, etc.” saw the highest growth rate with 10% (Figure 5). A first-time applicant, Ipplus Technology, filed 150 applications, outnumbering all other non-resident applicants (Table 3).The top 3 classes trademark applicants filed under were “Agriculture” (6,913 cases), “Business Services” (5,423 cases), and “Health” (4,900 cases). Most applications filed by residents were under the class “Agriculture” (5,866 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” (1,918 cases) (Figure 6). - 68
Revisions to the Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks Take Effect on October 1, 2022
To help businesses better understand the “Geographical Marks” protected under Taiwan's Trademark Act and subsequently enhance the quality of patent examinations, TIPO has revised the Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks, which took effect on October 1, 2022. Main highlights are as follows:I. Its name was revised to “Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks” to reflect the sequence of the provisions.II. Added a separate chapter on “Geographical Marks” to promote and explain the registration process in Taiwan for the application of a geographical certification mark and geographical collective trademark.III. Regarding the applicant’s declaration that he/she does not own a business that is involved in the manufacturing and marketing of goods or provision of services of the kind being certified:i. Clear stipulations forbidding the applicant from registering a trademark in the same scope of the product or services being certified. Otherwise, the applicant is considered in violation of impartiality and the terms of the declaration.ii.The applicant may, given that he/she fulfills the other requirements, apply to register another trademark outside of the scope of the product or services being certified.IV. The regulations governing the use of the certified mark should clearly indicate the name of the products or services being certified:i. When applying for a certification mark, the applicant is permitted to list the overarching category in the name of the product or service being certified (e.g., food, electronics, etc.). However, to ensure that the name clearly corresponds to the conditions of use set forth in the regulations governing the use of certification marks, as well as to facilitate applications for the utilization of certification marks by any third-parties, TIPO followed the lead set by foreign counterparts and require that the names of products and services abide by NICE classification and be included as an annex in the regulations governing the use of certification marks for ease of publication.ii. The names of products or services listed for “products or services being certified” should match what is listed in the regulations governing the use of the certified mark and the application and shall not extend beyond the scope listed therein.V. Provide examples to illustrate the principles by which to determine what constitutes “obviously improper” – a term used in Article 30, Paragraph 1, Subparagraph 10 of the Trademark Act – with regards to the registration of certification marks, collective membership marks, and collective trademarks.VI. Additional case studies are added on the basis of supplementing the content for ease-of-understanding. - 69
Pilot Program for IP Info Cloud Services Began on August 3, 2022 – Patent & Trademark Open Data Downloads Available Now!
In response to government policy to promote better cloud services to the public, TIPO has been working on the IP Info Cloud Services Project since 2021. Application platforms on the public cloud have been constructed, and TIPO also plans to incorporate IP open data, trademark search, industry IP knowledge, and other services in several stages to provide rapid and reliable access to IP information and furnish a more comprehensive digital IP environment for Taiwan.TIPO has successfully finished the first stage of operations by setting up the IP Info Cloud Service and transferring the Patent & Trademark Open Data Website onto the new platform. The service is now operational and available to the public. - 70
TIPO Publishes Serialized IPR-Info Comic The Everyday Life of a One-Man IP Department on IPKM
To promote IP knowledge and practical applications to the public, TIPO’s platform dedicated to promoting IP information (IPKM) has created a serialized comic entitled The Everyday Life of a One-Man IP Department. The comic mainly discusses IPR management for SMEs and transforms practical workplace IPR issues into lighthearted workplace skits. Through this educational and entertaining publication, IPR information is made easy and fun, creating an accessible entry for more people to gain a deeper understanding of IPR.The comic is set in a fictional SME in Taiwan, and company employees in different positions bring their own perspectives – placing a highlight on the various IPR issues that may arise within a company. By constructing a conceptual basis for understanding IPR and its practical applications through the comic, TIPO hopes to assist Taiwanese businesses to gain a better understanding of IPR and prepare them for when they encounter IPR issues themselves.The Everyday Life of a One-Man IP Department is currently serialized on TIPO’s IPKM platform for the public to download. For updates on the comic series, please follow IPKM or TIPO's official FB page. - 71
2021 Comparison of Trends in Invention Patent Applications in Taiwan and WIPO PCT Applications
In 2021, TIPO received 49,116 invention patent applications, while WIPO received an estimated number of 277,500 international patent applications (PCT applications) filed under the Patent Cooperation Treaty (PCT). Of Taiwan’s invention patent applications, semiconductors (6,360) and computer technology (4,283) took the top 2 spots among 35 technology fields. However, computer technology (26,092) remained the main technology field among WIPO PCT applications, while semiconductors (8,346) ranked 10th. As for applicants, TSMC and Huawei took the lead in Taiwan and WIPO PCT applications, respectively. Moreover, Qualcomm and Samsung Electronics were both among the top 10 applicants in Taiwan and WIPO PCT applications.Invention applications rebounded in Taiwan while WIPO PCT applications maintained a modest growthOverall invention patent filings in Taiwan rebounded with an increase of 5.3% in 2021, following the decline in 2020 brought on by a drop in non-resident filings due to the COVID-19 pandemic. On the other hand, WIPO PCT applications grew by 3.6% in 2020, attributable to the surging growth in applications from China. However, the number of applications decreased in March and from September to year-end, seeing a slight yearly increase of 0.9% overall (Fig. 1, Fig. 2, and Fig.3).Taipei-Hsinchu accounted for 56.3% of resident invention applications in Taiwan in 2021Applicants residing in Hsinchu City filed the most applications in 2021, at 4,711, followed by applicants from Taipei City (3,282) and New Taipei City (3,007). The top three cities combined accounted for 56.3% of all applications filed in 2021, up by 6.2 percentage points compared to 2017. On the other hand, Hsinchu City saw the fastest growth (+23.3%) in 2021, followed by Hsinchu County (+7.9%) and New Taipei City (+1.6%) (Fig. 4).Semiconductors and computer technology took top spots in Taiwan and WIPO PCT applications, respectively, in 2021In 2021, semiconductors (6,360, +19.6%) topped the technology fields of invention patent applications in Taiwan, while the field of computer technology had the most WIPO PCT applications published (26,092, +7.2%). Both the top ten technology fields in invention applications in Taiwan and WIPO PCT applications included semiconductors, computer technology, electrical machinery, audio-visual technology, measurement, and pharmaceuticals (Table 1).Furthermore, semiconductors topped all technology fields, accounting for 12.9% of invention applications in Taiwan in 2021 but ranked 10th with a share of 3.2% 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 three spots in WIPO PCT applications. However, they were not among Taiwan’s top ten technology fields of invention applications.Health-related technology fields grew both in Taiwan and in WIPO PCT applications, with pharmaceuticals reporting the fastest growth in 2021In Taiwan, pharmaceuticals rose by 26.3% in 2021, followed by biotechnology (+19.1%), while medical technology remained stable (-0.1%) after a surge in 2020. As for WIPO PCT applications, pharmaceuticals also had the fastest growth of 12.8% in 2021, followed by biotechnology (+9.5%) and medical technology (+6.0%) (Table 1, Fig. 5).Certain top filing countries (regions) that mostly filed invention applications in semiconductors, computer technology, or organic fine chemistry in Taiwan primarily filed WIPO PCT applications in computer technology, digital communication, or electrical machineryFor invention applications received by TIPO, Taiwan, Japan, the U.S., and the Republic of Korea filed the most applications in semiconductors (shares of 12.0~18.3%). On the other hand, computer technology accounted for the largest proportion of applications (13.9%) for Mainland China, while Germany filed the most in organic fine chemistry (11.6%). The top three technology fields of the two aforementioned countries (regions) did not include semiconductor (Table 2).WIPO PCT applicants from Mainland China (a share of 15.6%) and the US (12.4%) filed more applications in computer technology; those from Japan and Germany filed intensively for patents related to electrical machinery (10~11%). The top technology field in R. Korea was digital communication (11.5%). The top three technology fields of these countries did not include semiconductor (Table 2).TSMC led in the number of invention patent application filings in Taiwan, while Huawei remained the top filer of WIPO PCT applications in 2021As regards invention applicants in Taiwan, TSMC (1,950) filed the most applications in 2021, followed by Qualcomm (845) and Applied Materials (758). Industrial Technology Research Institute (ITRI), coming in tenth, is the only research institute among the top 10 applicants. The top 10 WIPO PCT applicants were all businesses. Of them, Huawei topped with 6,952 WIPO PCT applications published in 2021, followed by Qualcomm (3,931) and Samsung Electronics (3,041); the latter two both claimed top 10 spots in Taiwan as well (Fig. 6).Seven of the top 10 applicants in Taiwan were also top filers in the field of semiconductors, while most top 10 WIPO PCT applicants had the greatest shares in digital communicationSeven of the top 10 applicants in Taiwan (Fig. 6), TSMC, Qualcomm, Applied Materials, Samsung Electronics, Tokyo Electron, AU Optronics, and Kioxia, are also among the top 10 applicants in semiconductors. Furthermore, TSMC, Applied Materials, ASML, and AU Optronics claimed the top in computer technology, electrical machinery, optics, and audio-visual technology, respectively (Table 3).Six of the top 10 WIPO PCT applicants filed most applications in digital communication, including Telefonaktiebolaget LM Ericsson, Huawei, Guang Dong OPPO Mobile, LG Electronics, Qualcomm, and Samsung Electronics. On the other hand, Mitsubishi Electric had its largest share in thermal processes and apparatus, BOE Technology filed intensively in semiconductors, Panasonic Intellectual Property Management filed mainly in electrical machinery, and Sony filed most in computer technology (Fig. 7). For more information (in Mandarin), please visit https://www.tipo.gov.tw/tw/cp-174-219414-a1c98-1.html - 72
TIPO Publishes English Version of the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 12 Computer Software Related Inventions”
TIPO has released its English version of the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 12 Computer Software Related Inventions.” This should help to enhance the international IP community’s understanding of Taiwan’s patent examination process of computer software related inventions and improve services provided to foreign applicants of computer software related inventions. Those interested are welcome to access the Guidelines below.Click the attachment below to download the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 12 Computer Software Related Inventions.” - 73
TIPO has Added a New Chapter on “Green Industries” to the Industry Trademark Application Strategy Manual for Designated Goods and Services in Response to Goals to Reach Net Zero by 2050
The Executive Yuan has passed amendments to the Greenhouse Gas Reduction and Management Act on April 21, 2022. The Act has been renamed the “Climate Change Response Act,” and officially declares net zero emission of greenhouse gases by 2050. The specific approach targets greenhouse gases from the manufacturing, transportation, agricultural industries, as well as from residential activities and utilizes negative carbon technology (carbon capture, storage, and reuse) and natural carbon sinks (forests and ocean sorption) to balance carbon emissions in order to reach net zero emissions. TIPO has added the “Green Industries” chapter to the Industry Trademark Application Strategy Manual for Designated Goods and Services, and the chapter is divided into six fields: “Green Energy,” “Clean Energy Transportation,” “Carbon Rights, Carbon Economy and Related Commercial Trading of Electricity,” “Pollution Treatment and Reutilization,” “Green Buildings to Zero-Carbon Buildings,” and “Green Industry-Related Certification Mark, Certification Process Guidance, and Educational Training.” This distinction will help industries understand the scope of trademark rights they should get to protect their businesses, make the right choice of designated good or service when registering a trademark, and cross-reference the goods and services listed in the NICE classification for their industry. The Industry Trademark Application Strategy Manual for Designated Goods and Services is available for public reference. - 74
“Patent Trend Analysis of International Carbon Capture Technology” is now Available on the TIPO Website for Public Reference
To help businesses better understand the global patent trends in Carbon Capture, Utilization, and Storage (CCUS), TIPO has compiled graphics on the Patent Trend Analysis of International Carbon Capture Technology based on the three major themes of CCUS and according to the international patent classification (IPC) on carbon capture and sequestering, which were established in the 2010 WIPO IPC Green Inventory. The analysis also refers to the relevant classifications and key words in the Cooperative Patent Classification (CPC). TIPO used Derwent Innovation to compile patent information laid open/published by various countries before the end of December 2021 and conducted overall patent analysis, analysis of relevant technology patents, global flow of applications, and analysis of major patent offices. The full report is expected to be completed by the end of this year and shall be published on TIPO’s website. - 75
Revisions to the Examination Guidelines on Distinctiveness of Trademarks Were Promulgated on July 26, 2022, and Will Take Effect on September 1
To enhance the examination principles for distinctiveness of various types of trademarks, TIPO has promulgated revisions to the Examination Guidelines on Distinctiveness of Trademarks. TIPO has provided examples for different types of trademarks and ensured that the basis on which distinction is determined for trademarks aligns with current market transactions. Main revisions are as follows: I. Made adjustments to the different composition patterns of foreign alphabets; provision of reference examples for determining whether descriptions are designed and distinctive. II. Added assessment criteria and example explanations for “alphanumeric combinations” and “numbers” in response to differences in use between various industries. III. Added following categories with examples: “popular graphics,” “purely informational graphics,” and “commercial design graphics.” IV. Added criteria for country names, geographical images, and geographical names used in descriptions of product origin, as well as misleading use or misrepresentation thereof for product origin. V. Added assessment criteria and reference examples for names and portraits of well-known public figures who are recently deceased; to further exemplify what constitutes a “portrait,” additional cases for reference are also provided. VI. Added determining criteria for religious images and terms; added examination principles for marks related to traditional and cultural activities. VII. Revised criteria for slogans, common words, new terms, and technical terms, and adjusted the examination guidelines for “idioms.” VIII. Trademark graphics which include “the full name of the company” or “domain names” are considered strictly informational in order to prevent affecting the certainty of the scope of trademark rights and the function of correctly indicating the source of the product or service in the event that trademark rights are transferred or there is a change of name after registration. - 76
Revisions Have Been Made to Chapters 3, 6, 7, 8, 9, and 14 of Part II “Substantive Examination for Invention Patents” of the Patent Examination Guidelines, Which Take Effect on July 1, 2022
To reflect the practical needs of patent examination, TIPO has added new examination criteria and notes to the Patent Examination Guidelines, which include two applications (invention and utility model) for the same creation, disclaimers, final notice limitations, and deposit of biological materials. TIPO hopes to enhance the quality of patent examinations by providing unified standards. Main revisions include the following: I. Part II Chapter 3 “Patentability” Additional paragraphs 5 and 6 have been added under “5.7.2 Notes for Examination” for when two applications (invention and utility model) are filed for the same creation. Specifically, it details examination principles for the invention application if – during the examination of the invention patent, or after approval but before invention published – the utility model application is invalidated but has yet to be final and binding. II. Part II Chapter 6 “Amendments” Under “4.2.2 Permissible Omissions,” in the event that the applicant amends the claim by negative limitations to exclude any overlap with prior art (disclaimers) before the issuance of an office action from the patent examiner, the applicant should still provide the patent examiner with prior art documentation and an explanation for further assessment. If no such documentation is provided, the application is deemed to introduce new matter. Exceptions are made for applications where prior art is already disclosed in the descriptions, patent claims, or drawings of the original application as filed. III. Part II Chapter 7 “Office Action and Final Decision” Under 3.1.2 “Reduction of Patent Claim Scope,” stipulations in paragraph 6 that require “partial deletion of cited or dependent claims and a breakdown of remaining claims” have been moved to the newly added paragraph 7. It also states that besides the aforementioned situation, the additions of new claims are not included within the “reduction of patent claim scope” referred to in the revision limitations of the final notice. IV. Part II Chapter 9 “Corrections” Under “6. Notes for Examination,” patent examination principles have been added with regard to negative limitations to exclude any overlap with prior art (disclaimers) in accordance with revisions to chapter 6. V. Part II Chapter 14 “Biology-Related Inventions” A new paragraph (3) has been added to “4.2.4 Notes for Deposits” which stipulates that the applicant, in accordance with the provisions of Article 27 Paragraph 5 of the Patent Act, should include documentation proving that biological materials deposited in a depository designated by a foreign country in its territory exist and are viable. VI. Other Revisions Other revisions include changes to the wording to reflect new regulations, as well as to ensure consistency and prevent misrepresentation within all chapters. Link: Revisions to Chapter 3, 6, 7, 8, 9, and 14 of Part II “Substantive Examination for Invention Patents” of the Patent Examination Guidelines (Mandarin) - 77
TIPO Releases IPR Statistics for the First Half of 2022
In the first half of 2022, TIPO received a total of 34,753 patent applications for invention, utility model, and design patents, marking a 1% decrease from the same period last year, whereas trademark applications (46,578 cases) grew slightly by 0.4%. As for invention patents, applications from large domestic enterprises and domestic colleges & universities saw a growth of 3%, respectively, while applications from non-resident applicants increased by 6%. TSMC (1,163 cases) ranked first among resident applicants, and Applied Materials (438 cases) led all non-resident applicants. Most trademark applications were filed under the “Agriculture” industry. Uni-President (548 cases) and Guangdong Longshun International Logistics (85 cases) ranked at the top among resident and non-resident applicants, respectively.Patent ApplicationsThe number of invention patent applications (24,316 cases), accounting for a majority of all patent applications received by TIPO, saw a growth of 2% compared to the same period last year (Table1). The increase is mainly due to the growth in non-resident applications. However, the number of utility model and design patent applications declined. The number of invention patent applications filed by domestic enterprises (7,454 cases) fell by 3%, mainly because the applications in small and medium enterprises (1,332 cases) decreased. On the other hand, those from large enterprises (6,122 cases) grew by 3%, maintaining a robust R&D capability.In terms of resident applications, most of the top 10 invention patent applicants and top 5 design patent applicants were enterprises. TSMC (1,163 cases) outnumbered other applicants for the sixth consecutive year. Both Nanya (249 cases) and Innolux (179 cases) reached their respective all-time-high records and best rankings ever since TIPO first published the record in 2016. The latter, in addition, saw a staggering growth of 59 times compared to the same period last year (Figure 2). As for design patents, Acer (74 cases) filed the most applications among the top 5 applicants (Figure 3).The number of invention patent applications filed by domestic colleges & universities (840 cases) rose by 3%, whereas that of research institutions (131 cases) fell.In terms of non-resident applications, those for invention patents (14,960 cases) grew by 6%, accounting for the majority of all patent applications (Table 1). Of these, Japan took the lead with 6,193 invention patent applications among the top 5 filling countries (regions). The USA (3,759 cases) saw double-digit growth at 16%, and the others also registered positive growth except for mainland China (Figure 1). Moreover, the number of design patent applications filed reached 1,864 cases, and Japan came out on top with 519 applications (Table 1, Figure 1).As for top non-resident applicants, Applied Materials filed 438 invention patent applications and saw a growth of 44%, outnumbering all other applicants (Figure 2). Among design patent applicants, Ford Global occupied the leading place with 89 applications, and design patent applications of Cartier (43 cases) grew by 13 times, a significant surge compared to the same period last year (Figure 3).Trademark ApplicationsCompared to the same period (first half) last year, trademark applications (46,578 cases) received by TIPO showed a 0.4% increase; the number of classes covered (60,963 classes) also showed a 2% increase. The number of resident applications (36,449 cases) was up by 4%, while that of non-residents (10,129 cases) was down by 11% (Table 1). The share of resident applications was 78%, marking a 2% increase over the same period last year.In terms of application classes, resident applicants filed the most applications (7,378 cases) in Class 35 “Advertising, Business Management, Retail and Wholesale Services, etc.” and saw the highest growth rate with 67% in Class 30 “Coffee, tea, pastries, etc.” (Figure 4). All the trademark applications filed by the top 10 applicants saw positive growth. Of these, Uni-President filed 548 applications and saw a significant growth of 294%, ranking first among resident applicants (Table 3).On the other hand, non-resident applicants filed the most trademark applications (2,329 cases) in Class 9 “Computer and Technology Products, etc.” and saw the highest growth rate with 11% in Class 42 “Scientific and Technological Services and Research.” (Figure 5). 9 out of the top 10 applicants filed more applications even though the total number of trademark applications filed by all non-residents fell (Table 1 & 4). Of these, Guangdong Longshun International Logistics filed 85 applications, outnumbering all other non-resident applicants (Table 4).As for industry categories, most trademark applications received by TIPO were classified under “Agriculture” (15,092 cases), and resident applications (13,240 cases) represented the larger share. The agriculture industry also saw the largest difference (11,388 cases) in the number of applications between residents and non-residents. Among the top 3 industry categories, resident applications filed under “Agriculture” and “Business Services” and non-resident applications under “Research and technology” saw growth for two consecutive years. - 78
TIPO Signs MOU with the National Science and Technology Museum (NSTM) and Organizes the “Rising Stars in Invention” Special Exhibition
On June 24, 2022, the Taiwan Intellectual Property Office (TIPO) of the MOEA signed an MOU with the National Science and Technology Museum (NSTM). The event was witnessed by an inventor who represented recipients of the National Invention and Creation Award. TIPO and NSTM shall collaborate on the donation, collection, exhibition, advocacy, education, and promotion of award-winning entries for the National Invention and Creation Award to preserve important artifacts and maintain a record of the timeline for national inventions and creations. TIPO also hopes this will provide public service and education by facilitating the collection and exhibition of artifacts. The “Rising Stars in Invention” Special Exhibition was also held on the same day.The NSTM is located in Kaohsiung and is Taiwan’s first applied science museum. The NSTM is also one of the six museums under the management of the Ministry of Education. Therefore, in addition to preserving artifacts, it also bears the responsibility of promoting education. NTSM’s partnership with TIPO began in 2014 when they co-organized the donation and collection of award-winning entries for the National Invention and Creation Awards. Over 90 entries in 49 categories have been collected through 8 years (and four competitions) of effort. The official signing of the MOU will serve as a basis for the systematic collection of outstanding Taiwanese inventions and creations.The name of the exhibition, “Rising Stars in Invention,” compares the brilliance of each award-winning recipient and entry of the National Invention and Creation Award to that of a new star that shines a light into our lives. The hope is also that future inventors may visit the exhibit and become rising stars in the field of invention themselves. The exhibit is divided into five major areas: “Inventions are Everywhere,” “The Devil is in the Details,” “We Want You!,” “Creative Invention Mindset: TRIZ,” and “Classics for Posterity,” allowing visitors to view and experience excellent and representative inventions and creations up close. The exhibition is open until August 21, 2022, and all interested are welcome to visit Kaohsiung.The “Rising Stars in Invention” Special Exhibition is the first exhibit of its kind curated from award-winning entries and organized by TIPO and NSTM. Both shall continue to collaborate in the future and tap into their individual core strengths and advantages to collectively promote outstanding inventions and creations – ensuring widespread and comprehensive development for innovative technology and education. - 79
Partial Draft Amendments to the Copyright Act Passes Third Reading at Legislative Yuan to Meet Distance Learning Needs
In response to current technological developments, educational policies, and pandemic measures, the Legislative Yuan passed partial draft amendments to the Copyright Act by a third reading on May 27. The amendments target aspects of distance learning as an extension of the classroom, such as the rules for fair use of copyrighted works, allowing teachers to provide classroom instruction without worry. In accordance with digital education policies, the amendments also allow textbook preparers to transmit digital copies to teachers and students to promote the use of e-schoolbags and alleviate the burden of heavy backpacks for students. Additionally, to facilitate the cultural development of Taiwan, the amendments also enable the National Central Library (NCL) to digitally reproduce its collection, under certain conditions, for readers to access online within the library.Main amendments include:1. Fair use of copyrighted works by schools for registered students during distance learningCurrent law only allows teachers to print and distribute – to a reasonable scope – copies of copyrighted works to students during class. In response to technological developments and to ensure that teachers can provide remote education as they do in the classroom, the amendments stipulate that – within the necessary scope of classroom instruction – teachers may offer reference materials or information to students online. The amendments come in response to distance learning needs after school shut-downs due to the pandemic and aim to make education more effective, as well as to align with international and technological development trends.In addition, to avoid excessive infringement of copyrights, schools are required to take reasonable technical measures (e.g.: account passwords) to prevent students not taking the class from accessing the courses. Because remote education is instrumental to public interest, school teachers are exempt from obtaining paid authorization for the use of copyrighted works in their lessons to ensure that teaching activities can resume unimpeded. (Article 46)2. Not-for-profit remote education may use copyrighted works and are required to pay remunerationWith regard to remote education directed at the general public (e.g.: not-for-profit MOOCs education platform eDX, etc.,), current law only regulates television-based education like that of open universities and does not include rules for the fair use of copyrighted works for online education. As such, amendments were drafted to regulate the fair use of copyrighted works by educational institutions or schools for the purpose of distance online learning. Because use may vary from traditional and tv broadcasts to synchronous or on demand online transmissions, and the courses are aimed at the general public – a broader and different base than the aforementioned registered students – these institutions must still pay for copyright authorization within the necessary scope of education to ensure the rights of copyright holders.As for-profit distance learning activities (e.g.: online education provided by cram schools, etc.,) are not directed at public interests, the amendments stipulate clearly that paid authorization is required for use of copyrighted works to protect the rights of copyright holders. (Article 46-1 )3. Textbook preparers may transmit digital copies to teachers and students to meet the need for e-schoolbagsCurrent regulations stipulate that although textbook preparers may use copyrighted works to examine or compile textbooks, they may only provide paper copies of textbooks to teachers and students, which is unable to meet the need for e-schoolbags for students in the digital era. Therefore, amendments were drafted to allow textbook preparers to digitally transmit textbooks under reasonable conditions. In order to ensure the rights of copyright holders, remuneration must be paid for the authorized use of copyrighted works for the aforementioned situation. (Article 47)4. The National Central Library (NCL) may create a digital collection that is only accessible to visitors on the library's intranetWith the aim to facilitate cultural development with the National Central Library, the amendments allow NCL to digitally reproduce its collection in advance as a precaution against damage or loss, so that contemporary works may be better preserved at the NCL. Another amendment stipulates that the NCL and other library institutions may, under certain restrictions, allow readers to access the digital collection via computers within the libraries, in lieu of lending or allowing physical access to the original paperback. The amendments not only aid in the digitalization of library services but also facilitate the preservation of physical library collections. (Article 48)The MOEA emphasizes that digital development facilitates the diversified use of copyrighted works. The world has been impacted by the global pandemic in recent years and as such, distance learning has become an important form of education. The amendments were drafted in response to technological developments that facilitate educational instruction, the use of e-schoolbags, and the need for libraries to preserve their collections and provide digital services. These amendments to the Copyright Act – approved by the Legislative Yuan – align with Taiwan’s current need for digital education policies, promote development of diverse educational modes, and hold profound significance for the distribution of knowledge. - 80
Partial Draft Amendments to the Copyright Collective Management Organization Act Passes Third Reading at the Legislative Yuan
The Legislative Yuan passed partial draft amendments to the Copyright Collective Management Organization Act at the third reading on April 29. The amendments ensure smooth operation, increased transparency, and prudent management of Taiwan’s collective management system to protect the rights of members and facilitate circulation of copyrighted works. After adjustment, a total of 6 amendments were additions, and 15 were revisions – the main highlights of which are as follows:I. Introduction of a public consultation mechanismWhen a CMO applies for an establishment permit, TIPO shall make the information publicly available on their official websites for general copyright users to leave comments, which shall serve as reference for TIPO when processing the permit application.II. Term limits for management-level positions and internal controlsTo ensure that a CMO can fulfill its duty of good governance, the amendment would curtail the duration and number of terms for the positions of director and supervisor, reducing the possibility of a monopoly or any abuse of power. The amendments also stipulate the need for internal controls to manage personnel, finances, and operations, etc.; royalties must also be deposited in designated accounts to ensure CMOs conduct operations in a reasonable, prudent, appropriate, and transparent manner.III. Use of Technology to Enhance Management and Operations of CMOsTo facilitate the development and use of technology, a new amendment has been added that stipulates TIPO’s responsibility to counsel CMOs in the use of innovative technology for more efficient management and operations thereof, as well as to lower the cost of copyrights licensing.IV. Expansion of TIPO’s Supervisory and Guidance CapacityAmendments have been added ensuring TIPO’s authority to supervise and penalize any CMOs in violation of the law. TIPO is authorized to request that CMOs submit financial declarations and plans for improvement within a specified timeframe. TIPO also has the power ex officio to suspend or dismiss any directors or supervisors found guilty of illegal conduct. If the CMO commits a major violation of the law by misappropriating allotted funds or not allocating royalties in accordance with the law and fails to rectify their actions, then TIPO has the power to revoke its establishment permit and eliminate any CMOs not adhering to prudent management practices.