News
61The 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.
62Trade 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.
63TIPO’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.
64TIPO’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).
65Revisions 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.
662022 Taiwan Innotech Expo (TIE) to Return Full Force in October!
The 2022 Taiwan Innotech Expo shall be a hybrid event this year, with the physical expo taking place from October 13 to 15 at Taipei World Trade Center Exhibition Hall 1 and the online portion scheduled to run from October 11 to 20. The expo is expected to return full force this year, inviting businesses and inventors from a total of 20 countries and exhibiting nearly 1,000 patented inventions and technologies.TIE shall be giving a press conference at the Taipei World Trade Center Exhibition Hall 1 on October 4, where TIPO Director General Ms. Hong Shu-min shall announce the commencement of the expo alongside representatives from other governmental agencies. Highlights of the exhibition will also be unveiled at the press conference to attract more businesses to visit the TIE expo. The new format of the expo – combining on- and off-line activities so visitors may join regardless of location and time zone – will help greater numbers of interested buyers find products to suit their needs.Major themes of the 2022 TIE shall include the Future Tech (FUTEX), Innovation Pilot, and Sustainability pavilions, as well as the Taipei Invention Awards Competition, which collectively encompass the environmental and social issues of public concern. The 2022 Taipei Invention Awards Competition area shall also feature an Outstanding Inventions Pavilion, where winning-entries from both the renowned International Innovation and Invention Competition and the TIE Platinum Awards will be exhibited to showcase Taiwan’s vibrant research and innovative energy.Taiwanese competitors have submitted a total of 520 entries to the Taipei Invention Awards Competition. On October 13, judges will assess the entries on site and announce the final winners. The winners will then be acknowledged in the awards ceremony on October 15. Members of the public are welcomed to visit the expo in person and join in one of this year’s most important events in Asia’s invention circles.
67The 2022 Copyrights – Education & Cultural Creative Experience Camp Comes to a Successful Close!
TIPO organized the 2022 Copyrights – Education & Cultural Creative Experience Camp at the Huashan 1914 Creative Park on August 19, 2022. The camp is directed at high school or vocational school students, and TIPO invited Mr. Tai Chih-Chuan, partner at Peng Yao Law Office, to explain fundamental copyright concepts. Students were also introduced to the history and architectural highlights of the Huashan 1914 Creative Park on a guided tour.Professionals from the cultural creative industry, such as Chin-Ming Yu of FISHERDESIGN and Director Michael Liu of Zhen Ji Creative Marketing, were also invited to share their practical experience with graphic design, ad design, videography, and other cultural creative endeavors. Through interactive games, students gained a better understanding of and cultivated a sense of respect for copyrights. A total of 31 students attended the camp.
68The Industry Patent Analysis Report on WBG Power Semiconductor Devices is Now Available!
Wide-Bandgap (WBG) semiconductors have become a crucial component in the future development of many major industries, with silicon carbide (SiC) and gallium nitride (GaN) being the most critical power components. The analysis report describes the differences between WBG power semiconductor GaN or SiC devices and silicon-based power semiconductor devices, as well as the role that GaN and SiC power components will play in the future. GaN and SiC power components of WBG semiconductors are the main objects of analysis within the report.The report examines patent application trends, top 10 applicants, top 10 regions, life-cycle analysis, technology classification analysis, competitiveness of private R&D, interpretations of core patents, interpretations of country-specific industry applications, and analysis of industry applications of major patent owners, etc. By analyzing and cross-referencing the aforementioned aspects, a current overview of the industry technology is created within the report.The world's most highly developed industry of semiconductor manufacturing is in Taiwan, and our wealth of experience in the field can furnish greater opportunities for Taiwan to develop industrial applications and manufacturing of WBG semiconductor GaN or SiC power components in the future – which will serve to bolster Taiwan's ICT and energy tech development.Through the report, TIPO provides future development suggestions, as well as an overview of the technology landscape, to domestic industries. TIPO hopes that it will facilitate their understanding of the overall development trends in the technology and help them secure a place in the future blue ocean market of WBG semiconductor power components.
69Pilot 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.
70TIPO 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.
71TIPO Adds Strategic Manual for the Protection of Trade Secrets 3.0 to the Trade Secrets Section
To ensure more comprehensive protection for corporate trade secrets, TIPO has compiled a strategic manual since 2013, and the second version was compiled in 2019. TIPO continues to draw from the experiences of corporations that have successfully protected their trade secrets, as well as to follow the court's latest interpretations of Taiwan's trade secrets regulations.TIPO compiled the Strategic Manual for the Protection of Trade Secrets 3.0 in 2022. New chapters include the latest insights from the courts, updated protection strategies for enterprises in response to the current pandemic, QA on trade secret protection practices, and a new perspective from CEOs who lead successful enterprises to provide more practical and concrete practices. TIPO hopes that the manual will serve as a reference for all sectors in the promotion of trade secret protection.
722021 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
73TIPO 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.”
74TIPO 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.
75“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.
76Revisions 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.
77Revisions 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)
78TIPO 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.
79TIPO 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.
80Partial 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.
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