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101TIPO Introduces Green Patent Revisions to Accelerated Examination Program on January 1, 2022
TIPO’s revisions for green patents to the Accelerate Examination Program (AEP) took effect on January 1, 2022. These revisions were made in an effort to promote research, development and commercialization of green patents in Taiwan. On January 1, 2014, TIPO added Inventions Related to Green Energy Technologies (Condition 4) to the AEP. As of July of 2021, 255 AEP requests have been filed for green technology patents, accounting for 2.74% of all AEP requests. Taiwan applicants filed a majority - up to 88% - of all green patent AEP requests, and the top three fields of technology are solar energy, LED lighting and lithium-ion battery technologies.Important revisions to the AEP include:Revision of Terminology: The term “green energy technologies” was amended to read “green technologies” in order to clarify that eligible patent application is not limited to green energy related inventions only.Expanding the Scope of Eligibility: The scope of technology eligible for AEP request is expanded to include green technologies such as energy-saving, carbon emission reduction, and resource-saving technologies.Accelerated Examination: For requests on the grounds of “essential to commercial exploitation” and “inventions related to green technologies,” examination results will be issued within 6 months (down from 9 months previously) after filing all necessary documents. This expedited process, compared to normal patents, will help applicants facilitate development of their patent portfolios.As the whole world is working towards reaching net zero emissions by 2050, optimizing the acceleration program for the green patents has been listed as a key performance indicator of Climate Change & Human Rights in the National Human Rights Plan of Action that Taiwan is drafting.In addition to keeping up with international trends, the acceleration of examination for green patent applications will hopefully encourage investment and R&D within the field of green technology – facilitating environmentally sustainable development and economic growth.
102TIPO Launches Design Patent Priority Document Exchange Program with JPO
The Taiwan-Japan MoU on Electronic Patent Priority Document Exchange (PDX) was signed in 2013, applicable to both invention and utility model patent applications. As the PDX program has been put to extensive use by applicants from both countries since its implementation, an additional MoU on Design Patent Priority Document Exchange was signed in 2019. Upon its implementation, by providing an alternative to mailing paperwork, the PDX program can increase application efficiency and streamline cross-country application procedures. Broadening the scope of the bilateral PDX cooperation has also made the exchange mechanism between Taiwan and Japan progressively comprehensive and robust.Starting from January 1, 2022, a design patent applicant will be deemed to have filed a priority document if he/she provides an access code issued by the JPO within 10 months after the earliest priority date. The design patent application form and the application instructions have both been amended and provided for applicant use, in conjunction with the forthcoming implementation.
103Changes to Names and Notes of Designated Goods and Services for Trademark Registration
In response to the latest version of Nice Classification NCL (11-2022), TIPO has amended its own list of Names of Designated Goods and Services for Trademark Registration, effective January 1, 2022. The changes include 45 revisions and 556 additions. As for amends done to class/subclass names or notes, there are 4 additions, 18 revisions, and 8 removals. Those using the electronic trademark application system after January 1, 2022, are advised to download the updated list featuring all incorporated changes. Individuals who fill out applications with names of goods and services not found on the system’s current list will not qualify for the NT$300 application fee waiver.
104TIPO Releases Guide to AI Application in Precision Medicine IP
To assist in building IP Portfolio for Precision Health – one of the Six Core Strategic Industries of Taiwan – TIPO held various speeches, consultations, and interviews throughout 2021, intending to facilitate conversations between TIPO, the precision health industry, and research institutions. Additionally, TIPO offered customized coaching to research programs granted by the Department of Life Sciences of the Ministry of Science and Technology, and gained a deeper understanding of the obstacles that may arise when eHealth and Precision Health industries seek IPR protection. Based on the above-mentioned experiences, the Guide to AI Application in Precision Medicine IP was compiled for public reference.The Guide, presented in the form of a video, consists of 12 topics covering the fields of patents, trademarks, copyrights, and trade secrets. By featuring scenarios most concerning to industries or frequently encountered situations, the video disseminates relevant and crucial intellectual property knowledge, starting from R&D, the application process, IPR protection, to means to acquire further information regarding IP.Guide to AI Application in Precision Medicine IP is available on the TIPO Youtube channel.
105Revised Examination Criteria on Likelihood of Confusion on TIPO Website
TIPO has referred to the examination guidelines of the EUIPO, JPO, the USPTO, and the judicial practice of Taiwan and revised the Examination Criteria on Likelihood of Confusion, aiming to provide trademark examiners with even more specific guidelines on evaluating the likelihood of confusion when examining trademark applications. It was promulgated and put into effect on October 27, 2021.The key points of the revision are as follows:Regarding the Similarity of Goods and Services:The revision has laid down principles for evaluating the degree of distinctiveness of trademark elements, assessing each trademark as a whole, facilitating comparisons between individual parts of compound word marks, and judging the similarity between existing words/phrases and phonetic characters, comprehensively illustrated with examples.Regarding the Similarity of Goods and Services:An additional criterion, “channels of distribution or points of sale,” was included in the list of determining factors for the degree of similarities between goods and services. Definitions of goods/services that are considered in competition, complementary, or auxiliary/ancillary in relation to specific other goods or services, and supplemental information pertaining to the relations between the goods and their components, raw materials, or semi-finished products, respectively, were also incorporated into the revision. Examples and applicable situations of abovementioned factors were enumerated.Other Minor Changes:Several determining factors were modified, such as whether the business of the proprietor of the earlier registered trademark pursues a diversification strategy, whether the trademark applicant possesses a bona fide intent, and the qualifying factors for being "obviously improper," part of the proviso of Subparagraph 10, Paragraph 1, Article 30 of the Trademark Act.
106Amended “Positive Patent Examination Pilot Program for Startups” Effective Jan. 1, 2022
Since January 1, 2021, TIPO has been implementing the “Positive Patent Examination Pilot Program for Startups” to offer assistance in evaluating patent acquisition probability and provide advice on ways to promptly obtain patent rights. Upon receiving positive responses to the results of the pilot program, TIPO has decided to amend and conduct it for an additional year. Moreover, during the pilot program of 2022, there is a cap of 6 applications each month and a limit of 5 applications per startup per year.
107Music Licensing: A Guide for the Startup Industry Now Available!
Aiming to assist startups that utilize music in their productions (e.g., music application developers and podcasters) in familiarizing with means to obtain licenses and foresee possible situations one may encounter during the licensing process, TIPO has compiled the Music Licensing: A Guide for the Startup Industry.This guide is divided into five chapters, introducing startups’ ways of exploitation of musical works and the licensing practices of individual rights holders and collective management organizations. Chapter 1, “The Current Situation and Development of Music Exploitation in the Startup Industry,” enumerated the types of copyright usage in the startup industry; Chapter 2, “Licensing Practices of Copyright Collective Management Organizations in Taiwan,” provides an introduction to CMOs that conduct a broad range of music management; Chapter 3, “Copyright Licensing Systems and Practices in the Startup Industry,” analyzes problems that startups may encounter in obtaining licenses and the differences between individual copyright owners and collective management organizations; Chapter 4 addressed the issue of who should be responsible for obtaining relevant licenses; last but not least, Chapter 5 introduces the positive effects music licensing can have on the startup industry.
108Patent Trend Analysis Reports on “Smart Grid” and “Electric Assisted Bicycles”
In response to Taiwan's goal of net-zero carbon emissions, TIPO conducted and announced Patent Trend Analysis Reports on “Smart Grid” and “Electric Assisted Bicycles,” which both provide detailed technical information on relevant patented key technologies through in-depth patent document analysis, explores future technology development directions, and identifies patent trends of major countries and enterprises worldwide that act as references for innovative R&D in the domestic tech industry.
109Copyright FAQ e-Manual Available for Public Reference
The Copyright Act, perplexing to many, is a series of statutes that are closely related to people's daily lives. Rapid development in society and Internet technology has led to increasingly diverse and complicated copyright issues in people's everyday lives and work. TIPO has thus compiled the Copyright FAQ e-Manual by collecting common copyright issues-related public e-mail inquiries in the past three years. Through the detailed explanations of twelve FAQs, the general public can gain a deeper understanding of the Copyright Act, so as to foster respect and ensure protection for intellectual property rights.This Manual has been published on the TIPO website for public reference.
110Amended Accelerated Examination Program (AEP) Effective Jan 1, 2022
In order to promote the research and development of green patents and accelerate commercialization of related products, the scope of applicability of AEP will be expanded to include green technologies such as energy-saving, carbon emission reduction, and resource-saving technologies.In addition, applications on the grounds of "essential to commercial exploitation" and " inventions related to green technologies" will have their accelerated examination results issued within 6 months instead of 9 after filing all necessary documents, expediting the examination process of relevant cases.The amended Accelerated Examination Program is published on the TIPO website for reference by the public.
111Industry Collaborative Patent Interview Pilot Program Takes Effect Nov. 1, 2021
Examination efficiency and quality can be improved by enhancing patent examiners’ ability to quickly grasp technical concepts in patent applications that pertain to advanced technology. Intending to provide applicants with swift and smooth patent rights application experience, TIPO has formulated the Industry Collaborative Patent Interview Pilot Program for a trial period of one year starting from November 1, 2021. The decision on whether to adjust and renew the program will be determined by evaluations subsequent to the trial period.In this program, if the examiner determines that an application pertains to advanced technology and an interview can lead to a better understanding of the technical content in an application, the examiner may act upon their own initiative and notify the applicant of an interview. Applicants may explain the technical content of their patent applications if they so wish. As a general rule, there is a limit of 10 applications per interview. Applicants of patent applications that pertain to advanced technology may also proactively submit a letter of intent in paper or electronic form after TIPO has notified the applicant of a substantive examination and before receiving office action or a written decision of patent examination. There is no application fee for said interviews.The aforementioned “advanced technologies” in this pilot program include stem cell regenerative medicine, medical care informatics, micro-LED display, neural network, quantum computer, 3nm semiconductor manufacturing process, artificial intelligence, Internet of Things, big data, blockchain, and 5G mobile communication technology. For details of this program, please refer to the TIPO website.
112Carbon Reduction Technology Development Patent Map Available on TIPO Website
"Net Zero by 2050" is a shared goal worldwide; R&D of carbon reduction technologies not only promotes "Net Zero Carbon Emission," but also brings forth unlimited business opportunities. TIPO has completed the Carbon Reduction Technology Development Patent Map based on the seven categories of WIPO IPC Green Inventory established in 2010. The Map includes analyses of patent application trends in related industries in the past decade and reference cases of major patent applicants in each field of technology, presenting new directions in future R&D projects.In addition, TIPO has established the "Green Technology Section" in the Global Patent Search System (GPSS). This section provides technical analysis reports in the seven categories of WIPO IPC Green Inventory, along with a search interface with a faceted navigation system, providing users a platform to search for patents that hold great reference value for future R&D developments.
113Manual on Patent Application and Management Practices for Enterprises Now Available!
To assist enterprises in gaining a deeper understanding of the acquisition, maintenance, and utilization of patents, TIPO has compiled the Manual on Patent Application and Management Practices for Enterprises , which has been available on the TIPO website for reference.The manual includes useful information to enterprises, such as government resources and services related to intellectual property, a checklist for patent applications, as well as tips and reminders on the patent application progress, patent right maintenance, and management practices.
114Seminar on IP Landscape in New Southbound countries
To actively assist Taiwanese companies in building IP portfolios in New Southbound countries, on August 27 (Tuesday) and 28 (Wednesday), 2019, TIPO will hold a seminar on IP Landscape practices in New Southbound countries with Taiwan Patent Attorneys Association (TWPAA) at Tsai Lecture Hall, College of Law, National Taiwan University in Taipei.The seminar has the intellectual property office officials and patent attorneys of Malaysia, the Philippines, Thailand, Vietnam, Indonesia, and India as guest lecturers. They will speak about the invention patent and utility model patent systems (such as application requirements, the time limit for OA response, and patent term), patent examination practices, and the things to note when filing applications and protecting patents for Taiwanese companies in New Southbound countries. IPR can protect a company’s business achievements while generating more value for the company. When entering the local market of a New Southbound country, if using the country’s IPR system properly and setting appropriate IP portfolio strategies, the company shall be able to leverage its advantages more. TIPO expects the seminar to help attendants learn more about the IPR practices in New Southbound countries.For more information, please keep a close eye on TIPO’s website and our Facebook fan page.
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