Changes made to the designated names of goods and services for trademark registration, as well as cross index referencesThe 11th edition of the Nice Classification of Goods and Services added 485 items and deleted 119 items as well as amended 40 groups, subgroups or notes in total. These changes entered into force on January 1, 2019. The database of the classification and designated names of goods and services established in TIPO’s electronic filing system would be updated simultaneously.Thus, starting from January 1, 2019, those who apply to register trademarks through TIPO’s electronic filing system should download the latest version. If the designated names of the goods and services listed in an application form do not conform to those in the electronic filing system, the NT$300 application fee deduction will not be applied.
Statistics section of the Taiwan Patent Search System launched in December 2018TIPO’s Taiwan Patent Search System offers full-text patent search function for the TW patents, prosecution status and legal status. To improve service quality, TIPO recently set up a statistics section to provide users with customized statistics.At the statistics section, depending on individual needs, a user may set a time range and certain conditions (such as patent type, application type, applicant name, applicant nationality, and IPC) to look at patent files. The related statistics will then be shown in forms of charts and figures. This allows the user to get a picture of grated patents in Taiwan and IP distribution trends. Finally, the user may output the charts for value-added purposes. TIPO encourages all to utilize this new service.
Modified classification of goods and services comes into force on January 1, 2019The Nice Classification, 11th Edition, Version 2019 as modified by the World Intellectual Property Organization recently came into force on January 1, 2019. In response, TIPO released modified classification of goods and services based on the Nice Classification, in hopes of providing references for trademark applicants. On the modified classification of goods and services, please see the “Combined List of Changes Made to the Class Headings and Explanatory Notes of the Nice Classification, 11th Edition, Version 2019” and “Comparisons between Version 2018 and Version 2019 of the Nice Classification” on TIPO’s website, in the “Goods and Services Information” column. For more information, please visit TIPO’s webpage at: https://www.tipo.gov.tw/ct.asp?xItem=665008&ctNode=7573&mp=1
2018 Cross-strait Patent ForumThe 2018 Cross-strait Patent Forum was held on December 11 and 12 in Taipei. With a focus on the patenting trends and strategies of new technologies, the agenda was designed for the top professionals across the Taiwan Strait with a global vision, and hosted discussions on hot topics. The most outstanding representatives from industry, government and academia all gathered up to share their experiences and exchange ideas.The attending guests from mainland China included Deputy Director-General Xu Cong of the Patent Office of the National Intellectual Property Administration(CNIPA), Vice President Ma Hao of the All-China Patent Agents Association (ACPAA), and Deputy Director Liu Jian of the International Cooperation Department of the CNIPA. On the Taiwan side, participants included Secretary-General Tsai Lien-sheng of the Chinese National Federation of Industries (CNFI); TIPO Director-General Hung Shu-min, and former Premier Chang San-cheng attended the occasion to give a themed speech. A total of 400 patent professionals across the strait zealously took part. Since 2008 till its 11th term this year, the Cross-strait Patent Forum has been held every year across the strait, with Taiwan and mainland China taking turns being the host. In this way, the two sides have been able to exchange ideas fully in the IPR field. This year’s topics for discussion include “AI visions and strategies,” “patent policy and strategies in an AI era,” “patent examination for new technologies,” “opportunities and challenges of patent agencies in an AI era,” “global patent strategies for new technologies,” “international patent litigation strategies for new technologies,” and “challenges and strategies of the patent litigation of new technologies.” Experts with practical experiences all shared their remarkable thoughts at the forum, and most of the participants noted that the event was worth attending because they had benefited a great deal.
Amended Section 1 of Patent Examination Guideline entered into force on November 1, 2018In response to the Taiwan-UK Cooperation on Deposit of Biological Materials, as well as amendments about extension of patent term and related practices, such as “one creation filed for invention patent and utility model patent” and patent priority document, in Chapters 2, 7, 8, 10, 13, 14, 15, 17 and 18 of Section 1 of the Patent Examination Guideline had been amended and entered into force on November 1.More detail (in Chinese)
TIPO completes Guidelines for SMEs to Take Reasonable Trade Secret Protection MeasuresFacing fierce competition in a globalized world, businesses are attaching more importance to protecting trade secrets by day. Other than keeping crucial techs from being stolen, trade secret protection can ensure market advantage for a company. To assist businesses in setting up strategic steps for protecting trade secrets, TIPO recently proposed the Guidelines for SMEs to Take Reasonable Trade Secret Protection Measures, upon studying related practices and guidelines for trade secret management in Japan. The Guidelines are available on TIPO’s website now and all members of the public are cordially invited to make use of it.
The 2018 International Intellectual Property Litigation Conference was a successTIPO and TIPA held the 2018 TIPA International Intellectual Property Litigation Conference on November 29 and 30, inviting patent attorneys from USA, Germany, Japan, South Korea and China to share their experiences on patent litigation in Taiwan. Judges and attorneys in Taiwan were also widely invited to discuss topics at the event. A total of 226 professionals took part.The conference topics include the procedures and practices of patent litigation in court and trade secret proceedings. The participants also talked about how Taiwan may amend laws and regulations to improve the current procedures. The event was widely acknowledged by participating businesses and IP institutions in Taiwan. TIPO hopes that the conference can help to improve IP litigation in Taiwan, while gathering momentum for new developments.
Taiwan and Japan sign an MOU on patent dossier information exchangePatent examination cooperation between Taiwan and Japan just turned a new page. Following Patent Prosecution Highway (PPH), Priority Document Exchange (PDX), and Taiwan-Japan Cooperation on Deposit of Biological Materials in Relation to Patent Procedure, TIPO and the Japan Patent Office will soon cooperate on patent dossier information exchange.On November 30, Taiwan-Japan Relations Association and Japan-Taiwan Exchange Association signed an MOU on patent dossier information exchange between Taiwan and Japan, using a one-stop platform for patent applicants and patent examiners to review high-quality documents on patent examination comprehensively and real-time. The service will be officially provided to the public starting in January 2021, when system establishments and related tests are complete.Once the patent dossier information exchange between Taiwan and Japan becomes effective, patent applicants and patent examiners will be able to use application number or publication number of an application to view its patent family, list of examination documents, and the content of the documents. Users may acquire the IPC and citations of an application. It is hoped that the service can make it more convenient for patent examiners in Taiwan and Japan to draw references on the examination process from one another, thereby improving examination quality and speed.
Legislative Yuan passes the third reading of the amendments of Articles 4, 37 and 40 of the Patent Attorney ActTo fully practice Article 27 of the UN Convention on the Rights of Persons with Disabilities, which emphasizes persons with disabilities enjoy equal rights to work and the freedom to choose a profession, on November 2, 2018, Legislative Yuan passed the third reading of the amendments of Articles 4, 37, and 40 of the Patent Attorney Act. In the amendments, the provisions describing that those who have been certified by a medical doctor commissioned by the Competent Authority to be suffering from a mental disability or other physical or mental impairment that prevents him/her from engaging in professional services shall not practice as a patent attorney or a patent agent, were deleted. The amended articles will come into effect after a presidential order is announced.A general explanation of the amendments and a comparison of the original and the amended articles (Chinese)
List of the 2018 National Invention and Creation Award winners comes outOrganized by TIPO with total grants amounting up to NT$8.8 million, the 2018 National Invention and Creation Award has just selected 41 outstanding patents out of 465 qualified entries. This includes six golden prizes and 20 silver prizes in the invention category, as well as five golden prizes and 10 silver prizes in the creation category, respectively. Of this year’s winners, companies take up the largest ratio (46.4%), followed by individuals (19.5%), corporates (19.5%), schools (12.2%), and government agencies (2.4%). Most of the awarded works are up to par with commercial use. Holding great market potential, they might bring immense business opportunities.The winners will be awarded at the 2019 Ministry of Economy Industrial Innovation Joint Award Ceremony, as well as the Award Ceremony and Promotional Display of Award-winning Works of the 2018 National Innovation and Creation Award. It is hoped that, through public display and press coverage, the awarded works will gain more presence. This shall help to draw attention from both domestic and international investors, whilst creating business opportunities for Taiwan’s new inventions. TIPO hopes to encourage academic and research institutes, as well as businesses, to research, develop and innovate more.
The 2018 APEC Workshop on the Best Licensing Practices of Collective Management Organizations (CMOs) to MSMEs comes to a satisfying endAs CMOs yield licensing to MSMEs (including start-ups, karaokes, traditional shops, and franchise stores), in order to establish fast and convenient licensing models in response to technological advancements in the digital era, and to assist the industry in improving service efficiency and creating new values, TIPO organized the 2018 APEC Workshop on the Best Licensing Practices of Collective Management Organizations (CMOs) to MSMEs on October 23 & 24. Experts from a number of economies, Australia, Chile, China, Indonesia, Japan, Korea, Malaysia, Mexico, Thailand, Peru, Russia, Vietnam were invited to share and discuss CMO licensing and the latest trends.The two-day workshop was zealously received by all circles. A total of 350 counts of people joined the occasion, including 27 representatives from the 13 APEC economies such as Russia, China, Chile, Mexico, Malaysia and Vietnam. The attendants all contributed their comments actively and exchanged ideas fully. This allowed the participating CMOs, MSMEs and government agencies to gain further understanding of CMO licensing and policy-making in other economies.
Publication of Examination Guidelines on Procedural Examination of Applications for Trademark RegistrationTIPO published the Examination Guidelines on Procedural Examination of Applications for Trademark Registration on October 19, 2018. The Guidelines comprise a total of 15 chapters: preamble, submitting and withdrawing of applications, application fees, trademark application form and filing date, right of priority and right of exhibition priority, applicants, agents, trademark reproductions, designated goods or services, notices stating grounds for intended refusal and disposition of refusal or acceptance of trademark applications, issuing a letter of consent to coexistence, division and restriction of designated goods or services, changes and corrections prior to registration, serving, calculation of period, and request for restoration to the status quo ante. The Guidelines are aimed at helping people understand procedural requirements in the application for trademark registration, providing more comprehensive protection of applicants’ rights and interests, as well as increasing efficiency in examining trademark applications for registration. TIPO encourages those interested to make use of the Guidelines.More information
TIPO’s Q3 2018 IPR Statistics ReportIn Q3 2018, TIPO received a total of 18,328 applications for invention, utility model, and design patents, a 2% drop from the same period of last year. Of these, invention patent applications have been growing for seven consecutive quarters. Applications for trademark registrations (21,060), however, decreased by 5%.PatentInvention patent applications (11,746 cases) increased by 1%, a growth for seven consecutive quarters (Table 2). Design patents (2,200 cases) grew by 0.1%. Utility model patents stood at 4,382 cases, an 11% drop from the same period of last year (Table 1).Of residents’ applications, 1,195 cases were filed for design patent, registering a 6% year-on-year increase. Invention patent applications (4,440 cases) dropped by 6% though the cumulative number of applications at the end of Q3 2018 grew slightly. Utility model applications (4,061 cases) fell by 11%. Of non-residents’ applications, invention patent applications (7,306 cases) grew by 6% while applications for utility model (321 cases) and design (1,005 cases) decreased by 9% and 6% respectively (Table 1).As for invention patent applications by domestic companies, the TSMC once again led by 303 cases. HTC (43 cases) and QUANTA (36 cases) both saw huge growth of 87% and 125% respectively. However, applications by HON HAI (51 cases) saw a drop of 55% (Figure 2).By nationality of foreign origins, Japan topped the list with 3,254 invention patent applicants, followed by the US (1,559 cases)(Figure 1). Among the largest filing companies, QUALCOMM came on top with 234 cases, followed by ALIBABA GROUP SERVICES (132 cases) and TOSHIBA MEMORY (115 cases). QUALCOMM outperformed others by an increase of 73% in this period (Figure 2).TrademarkThe number of new applications for trademark registration (21,060 cases) in Q3 2018 decreased by 5% from the same period of last year. However, the cumulative number of applications at the end of Q3 2018 increased by 1% (Table 1).Applications filed by residents (14,795 cases) were down by 9% while applications by non-residents (6,265 cases) were up by 6% (Table 1).Among the largest filing countries (regions), mainland China stayed on top with 1,522 cases, followed by Japan (1,133 cases), US (1,085 cases), Hong Kong (442 cases) and R. Korea (385 cases). With the exception of R. Korea fell, the other top-filing countries (regions) registered growth (Figure 1).
TIPO holds the TIPO-IPOPHL Trademark Examination Practices Workshop in 2018On August 14-16, 2018, TIPO held the TIPO-IPOPHL Trademark Examination Practices Workshop for this year. Three senior examiners from the IPOPHL took part in the event. During the workshop, the Philippine examiners introduced the mechanism to accelerate the examination process in their country, while Taiwanese ones shared their online examination process and relevant practices. The two sides also exchanged views on areas such as well-known trademarks, 3-D trademarks, and regular trademarks. In addition, as part of the program of the workshop, the Philippines delegation also paid a visit to the Branding Taiwan Project Office of the Industrial Development Bureau of the Ministry of Economic Affairs (MOEA), where they learned about how Taiwan government support local businesses when they build global brands.
TIPO holds the Seminar on the IP Landscape in Southeast Asian Countries on August 30, 2018On August 30, 2018, TIPO held the Seminar on the IP Landscape in Southeast Asian Countries in Taipei. A number of trademark officials from Southeast Asian countries were invited to talk at the event, including Mr. Azahar Bin Abdul Razab, Assistant Director General of Registration and Compliance of the MyIPO; Mr. Fathlurachman, Director for Trademark and Geographical Indication of the DGIP; Mr. Ronald Lumbuun, Deputy Director for Enforcement and Monitoring of the DGIP; Ms. Ha Thi Nguyet Thu, Senior Official of the NOIP; and Mr. Tanakrit Ekkayokkaya, Senior Professional of the Trade Office of the DIP. The speakers shared the legal regimes, examination practices, and law enforcement situation concerning trademarks in their countries with the Taiwanese audience. About 210 people showed up for the seminar, including people from industry, government, as well as academic and research institutions, and heated discussions took place throughout the sessions. By holding this event, TIPO hopes to help participants gain a better understanding about the trademark protection in Southeast Asian countries, thereby providing support for Taiwanese businesses when they seek to make inroads into markets in the region with their economic, trade, or investment plans.
TIPO has uploaded the new version of IPC on its websiteTIPO has uploaded the new version of the International Patent Classification (IPC) (2018.01) on its website. Applications made after July 16 will be categorized in accordance with the new IPC. Items printed in the Patent Gazette and the Patent Application Publication Gazette will also be categorized in accordance with the latest IPC, starting from August 11, 2018 and October 1, 2018, respectively.More information
TIPO releases IPR statistics for the first half of 2018In the first half of 2018, TIPO received a total of 35,293 applications for invention, utility model, and design patents, a 1 percent drop from the same period last year. Among them, the number of invention patent applications has been on the rise for six seasons in a row. For invention patent applications, by nationality of applicants, 8,408 applications were filed by Taiwanese nationals while 14,075 ones filed by foreigners, representing a 4 and 2 percent year-on-year increase, as well as a positive growth for the seventh consecutive season and a turn toward positive growth in the season, respectively. By nationality of applicants of foreign origins, Japan topped the list with 6,378 applications, followed by the US (3,263).As for invention patent applications by domestic companies, the Taiwan Semiconductor Manufacturing Company (TSMC) came top with 345 applications, followed by AU Optronics (AUO) (244), MediaTek Inc. (177), Acer (163), and Hon Hai (138). TSMC has reclaimed the top spot again, with a 5 percent increase from the same period of last year. Other companies made it on to the top ten list include Pegatron Corporation and HTC, showing great growth potential with their 156 and 146 percent year-on-year increase, respectively. For applications by foreign companies, Qualcomm topped the list with 585 applications, followed by Applied Materials (229), Alibaba Group Holding Limited (213), Tokyo Electron Limited (TEL) (193), and Nitto Denko (156). Qualcomm outperformed its peers by an increase of 120 percent in this period. In the meantime, the number of new applications for trademark registration (42,156) in the first half of 2018 has risen 4 percent from the same period last year, representing a seventh consecutive season of growth. Among them, 29,885 applications were filed by Taiwanese nationals while 12,271 ones filed by foreigners, representing a 0.5 percent decrease and an 18 percent increase, respectively. By nationality of applicants of foreign origins, mainland China topped the list with 2,742 applications, followed by Japan (2,273), the US (2,089), Hong Kong (814), and South Korea (675). Figures of all of countries on the top-five list have all shown positive growth, with mainland China outperforming its peers with a 32 percent rise.
TIPO holds an information session on Fintech patents and relevant core technologiesOriginated in the United States, the Fintech industry has been booming for many years. Lately, its popularity has spread to Asia, and the financial operators in Taiwan have started to play a part in the development of financial technologies in the past two years. As patents play a critical role in the protection of financial technologies, it is of great importance to make people more become aware of Fintech-related patent laws, how to make use of the patent system for the protection of Fintech-related innovations, as well as how to expand their patent portfolios on this front. When it comes to expanding patent portfolios in the Fintech industry, currently Taiwanese businesses focus largely on the field of payment infrastructure and financial insurance. To help Taiwanese industry, government, and academia gain a better understanding about the development of Fintech patents, TIPO held an information session on Fintech patents and relevant core technologies on July 18. The first part of the event focused on trends regarding Fintech patents, with analysis and observation made concerning Fintech industries around the world in terms of their developments and the fields of relevant patent applications. In the second part, the discussion shifted towards the situation of Fintech patent application in Taiwan. Illustrations were made by providing real-world examination examples regarding Fintech patent applications. A total of about 120 people showed up for the event. Animated discussions have taken place, making the event a great opportunity for people to learn more about the development and trends of Fintech-related patents in Taiwan and foreign countries.Presentation files used as the information session
TIPO holds a seminar on the application of blockchain technology for the digital content industryTo help practitioners of the digital content industry and the public gain a better understanding of how to apply blockchain technology to the said industry, as well as the possible business models, legal issues, and relevant real-world examples on this front, TIPO held a seminar on August 1, where experts from the Branche International IP Law Firm of Japan as well as the Science and Technology Law Institute of the Institute for Information Industry (III) of Taiwan were invited to share their knowledge on relevant situations in Taiwan and Japan. About 150 people showed up for the event. Animated discussions have taken place, making the event a great opportunity for people in relevant industries to learn more about blockchain technologies as well as how the future might unfold for the sector.Presentation files used as the information session
TIPO holds seminars on IPR practices for 2018. Presentation and meeting materials are now available on TIPO websiteOn July 3, 6, 12, 13, and 18, TIPO held its 2018 seminars on IPR practices in Taipei, Taichung, Tainan, Kaohsiung, and Hsinchu, respectively. Materials from the meetings are now available on TIPO website. Topics covered at the seminars include the draft amendment to the Patent Act; analysis of evidence for the examination on the invalidity of patents; an introduction to the Taiwan Global Patent Search System (GPSS); and tips about patent and trademark application. A total of 63 pieces of feedback has been given based on the presentations. Brief responses were provided on site, and more comprehensive ones have also been put on TIPO website at a later date.Presentation and seminar materials Questions and feedback from participants and TIPO’s corresponding responses