News
1Welcomes to Participate in the Competition for Patent Portfolio Analysis
“Competition for Patent Portfolio Analysis” held by TIPO was officially launched, inviting all those who are creative and interested in strategies for developing patent portfolio to exchange the industry trends as well as the knowledge of building patent portfolios.In order to help the enterprises to enhance their patent portfolios as well as fostering the talents for building strategic patent portfolios, TIPO has launched the ”Competition for Patent Portfolio Analysis”. In the competition, the Global Patent Search System (GPSS) will be the designated patent search database. Meanwhile, TIPO will provide competitors with training courses, such as "Patent Search Course" and "Industry Analysis Course", starting from the introduction of patent search to in-depth knowledge about analyzing industry trends and developing strategic patent portfolios. These courses are expected to assist participants to better construct the knowledge of patent search as well as analysis skills.Training certificates will be awarded to each participant upon completion of the courses. Not only can participants highlight these professional achievements on their resumes, but also it provides a valuable platform for participants to exchange the industry trends and the knowledge of building patent portfolios through the competition. It is hoped that the event can boost diversified methods and ideas for patent analysis as well as patent portfolio development among domestic industries, academies and research institutes.Major themes for the competition will be focused on industries that are in line with the government's current industrial policy, and there will be preliminary and final rounds. Domestic enterprises, organizations, research institutes, IP law firms as well as college students are all welcomed to team up (three to five individuals) to join the event. In addition, participants can invite scholars and experts with technical expertise in analyzing and building patent portfolios as their advisors, thereby stimulating collaborations among domestic industries, academies and research institutes.For all those interested in this competition, welcome to participate. The registration process has already begun and the cut-off date is July 16. Please register online or submit the registration form via mail.
2The 2021 Seminar for “Copyright Knowledge and IPR Infringements and Enforcement Practices for Online Sellers and Influencers" is now open for all to register, starting from May 5. Welcome to participate in!
With the rise of online auctions and we-media marketing, many pictures of products used by online auction entrepreneurs or influencers may inadvertently infringe on copyright. In order to help everyone better understand the copyright regulations related to online auctions and we-media marketing, TIPO will hold seminars in Taipei on July 16 as well as in Taichung on June 25. Copyright experts and officials from National Police Agency, Ministry of the Interior are invited to give lectures to provide everyone with a broad understanding of copyright. For online sellers, influencers, Youtubers and those who are interested in this topic, please register online and welcome to join in.
3Welcome to Sign up for the seminar on AI and Pharmaceutical Patents in Mainland China
The updated version of the "Patent Examination Guidelines" issued by China National Intellectual Property Administration (CNIPA) took effect on February 1, 2020, and the guidelines addressed prominent issues in the artificial intelligence (AI) field. In addition, this June (2021), Mainland China will promulgate the fourth amendment to the Patent Law, introducing patent term extension for drugs and an early patent dispute resolution mechanism.To help Taiwanese businessmen and domestic entrepreneurs better understand the recent changes in China IP laws, TIPO subsidized Chinese National Federation of Industries (CNFI) to host the “ Seminar on AI with High Patent Value in Mainland China “ and “Seminar for the Opportunities and Challenges to Pharmaceutical Patents in Mainland China” on May 25 and June 4 respectively. Patent attorneys and experts in the AI and pharmaceutical industries from Mainland China are invited to conduct in-depth analysis and discussion on how new amendments will impact the AI and pharmaceutical industries. Welcome all to participate in these two online seminars.
4TIPO’s Q1 2021 IPR Statistics Report
In Q1 2021, TIPO received a total of 17,156 patent applications (invention, utility model and design patents) as well as 22,385 trademark applications, marking an increase of 3% and 10% compared with the same period last year respectively. TSMC filed the most invention patent applications among all domestic applicants, while Qualcomm taking the first place as for foreign applicants. Particularly, the number of those filed by TSMC has even hit a new high. Invention patent applications filed by domestic enterprises increased by 28% and it is especially noted that those filed by domestic SMEs has now increased for twelve consecutive quarters. Patent ApplicationsTIPO received a total of 11,888 invention patent applications. The numbers of applications filed by residents and non-residents both increased, comparing to the same period last year. It is worth mentioning that the applications filed by residents grew by 19%, which was the main factor contributing to significantly increasing number of invention patent applications. On the other hand, utility model and design patent applications appeared the downward trend (see Table 1).Invention patent applications filed by domestic enterprises (3,821) were up by 28% compared to the same period last year and accounted for 81% of all patent applications filed. Also, invention patent applications filed by large enterprises and SMEs saw a growth of 31% and 16% respectively. Comparing to the same quarter and same period last year, those filed by SMEs have increased for twelve straight quarters even the Covid-19 coronavirus is now still affecting the world.As for domestic applicants, TSMC filed the most applications (678), setting a record high and outnumbering other domestic applicants for eight straight quarters, while Acer ranking No.1 in filing design patent applications (21)(see Figure 2 and 3).Comparing to the same period last year, invention patent applications filed by domestic colleges remained stable; among them, National Yang Ming Chiao Tung University topped the list with 30 cases. Moreover, those filed by domestic research institutions were up by 14%; of these, ITRI filed the most applications (60).106 utility model patent applications and 32 invention patent applications were filed by the banking and insurance industries.As for the applications filed by non-residents, Japan led with 3,376 invention patent applications and 259 design patent applications, while Mainland China filing the most utility model patent applications (185)(see Figure 1). However, as for the patent applicants, Qualcomm and Harry Winston topped the list of filing 215 invention patents applications and 42 design patent applications respectively (see Figure 2 and 3).Trademark Applications22,385 (28,827 by class) trademark applications were filed and the number increased by 10%, comparing to the same period last year. Trademark applications filed by residents and those filed by non-residents all went up by 13% and 3% respectively (see Table 1).In terms of applications (by class), resident applicants filed the most applications (3,205) in class 35 (advertising, business management, retail and wholesale services, etc.), while non-resident applicants from Mainland China filing the most applications (983 out of 1,029 applications) in Class 9 (computer and technology products, etc.)(see Figure 1, 4 and 5).In terms of resident applicants, Uni-President and King Car Food ranked the top 10 applicants both in Q1 2020 and 2021, while Bunny Girl and Full Comfort, which are never on the list in Q1 2020, ranking top 1 and top 2 respectively (see Table 2 and 3).In terms of industries, 5,255 trademark applications were filed by the domestic Agriculture industry, outnumbering all other industries, while the foreign Health industry filing the most applications (1,761)(see Figure 6).
5Executive Yuan Council Passes Draft Amendments to Copyright Act and Copyright Collective Management Organization Act
In order to accommodate the rapid growth of both digital technology and the Internet, TIPO has drafted an amendment to the Copyright Act. The proposed changes factor in both international treaty provisions and the copyright systems of those countries that are ahead of the curve. With the addition of 9 articles and the revision of 37, this would be the biggest revamp of the Act in 20 years. Another law up for amendment is the Copyright Collective Management Organization Act. TIPO hopes that changes to this statute will ensure a fairer and more effective licensing market—one in which works can be easily circulated and used, and one where the rights and interests of copyright owners are fully protected. Having been reviewed by the Executive Yuan Council on April 8, 2021, both drafts will now be submitted to the Legislative Yuan for further deliberation.Key points of the Copyright Act amendment are as follows:Changes to the definitions of “public broadcast” and “public transmission”Greater bandwidth speeds and other technological advances have made it easier, and indeed more common, for linear broadcasts and programs to be transmitted online. Unfortunately, this has created somewhat of a legal gray area, with consumers finding it increasingly difficult to distinguish between different types of rights as they pertain to different types of technologies. In accordance with digital convergence, the amendment to the Copyright Act seeks to provide clarity on this issue. Under the proposed changes, the term “public broadcast” would cover any linear broadcast (i.e., one that cannot be rewatched), regardless of whether it is transmitted via TV, radio, or the Internet. What this means is that there would no longer be a medium-based distinction between “public broadcasting” and “public transmission.” To give an example: If the Taiwanese radio station VHBN decided to broadcast one of its programs on the Internet platform HiChannel, that program would be considered a “public broadcast” under the amended Act.Simultaneous further communication to the publicA provision has been added that would broaden the scope of copyright liability to include simultaneous further communication to the public. This is to ensure greater protection for right holders and their interests. An example of such communication would be where a retailer plays a YouTube video inside one of its stores.Limitations to copyright (fair use)- In response to recent technological advances, a “fair use” exemption has been added for distance (off-campus) learning. With many schools now moving courses online, the Internet has become a critical tool in guaranteeing teaching efficacy in the digital age. That is why this exemption would permit educators to use copyrighted works other than textbooks without having to obtain prior authorization.- The amendment would obligate libraries and other archival institutions to provide (subject to certain conditions) intranet access to patrons, allowing online perusal on the institution’s premises. This change reflects the growing trend toward digital reading.- A newly drafted article would authorize museums to use copyrighted materials when providing the public with relevant indexes of archived works. It is hoped that this might expose a wider audience to culturally significant art and help the public more easily locate and browse collections from different museums. The ultimate aims of the article are to foster cultural continuity and to facilitate the circulation of cultural works.- As it stands, criminal liability for unauthorized copyright use also extends to regularly held nonprofit events. Once the proposed amendment is adopted, this will no longer be the case. Beyond fee payment, there would be no additional obligation to obtain authorization from the right holder. If, for example, a theater or dance troupe were to stage weekly nonprofit performances, fee payment would suffice in order to prevent liability for the use of copyrighted material. Furthermore, group recreational activities aimed at promoting mental and physical health would be exempt from the fee requirement entirely. Music played from one’s own personal devices as part of public dance or exercise activities would thus fall outside the scope of liability. This change is designed to meet the everyday needs of the public.Addition of Provisions on Compulsory Licensing of Works of Unknown OwnerObtaining a copyright license is especially difficult where, due to the age of a work or for whatever other reason, a right holder is either unknown or uncontactable. This problem constitutes an unnecessary obstacle not only to cultural continuity but also to the free circulation of culturally significant works. To rectify this issue, the proposed amendment would incorporate into the Copyright Act existing provisions on the compulsory licensing of works of unknown owner; these are currently to be found in the Development of the Cultural and Creative Industries Act. Meanwhile, a further provision would allow license applicants to begin using the work of an unknown owner as soon as they have paid a deposit, meaning that they would not have to wait for approval. These changes should go a long way in spurring the development of the cultural industry.Online pirated goods advertising shall be deemed an infringement of copyrightOnline ads have become an important sales channel for those vending pirated goods through the Internet. Needless to say, this has a very detrimental impact on right holders. To prevent this practice from gaining even more ground, the amendment would make it an act of copyright infringement for pirated goods to be advertised online. To illustrate: Anyone selling USB flash drives containing pirated music files, or anyone giving away pirated gaming software with game console purchases would face a maximum prison sentence of two years, along with civil liability.Calculation of civil damages on the basis of royaltiesUnder the proposed amendment, plaintiffs in copyright infringement cases would be given the option of having damages calculated on the basis of royalties owed to them. Aside from alleviating the plaintiff’s burden of proof, this has the added benefit of incentivizing victims of infringement to pursue civil, instead of criminal, action.Abolition of mandatory minimum sentenceUnder the current law, some acts of copyright infringement carry a minimum statutory sentence of six months imprisonment. This may lead to a disproportionate punishment in cases where infringement is deemed to be minor. Under the new amendment, this lower limit would be abolished, allowing courts themselves to decide the severity of a sentence on a case-by-case basis. The amendment to the Copyright Collective Management Organization Act would create the following changes: the introduction of a public consultation mechanism; the establishment of a good governance mechanism; and the expansion of supervisory powers.Introduction of public consultation mechanism for CMO establishment processThe establishment of a collective management organization (CMO) can have far-reaching implications for the licensing market, affecting not only industry development but also the rights and interests of copyright users. Therefore, whenever a new CMO is in the process of being set up, the public should have the opportunity to learn about the works managed by the organization, in addition to its strategic plans for the future. That is why the latest amendment would introduce a mechanism obligating TIPO to announce whenever a new CMO is in the process of being established. This gives interested members of the public a chance to have their say by leaving comments, which can in turn help TIPO decide whether or not a CMO establishment permit should be issued.Term limits for management-level positions and internal controlsTo ensure that a CMO can fulfill its duty of good governance, the amendment would establish term limits and disqualifying criteria for the positions of director and supervisor, thereby curbing the potential for a monopoly on power. A requirement that financial reports must contain cash flow statements would also be introduced, as would a system of internal controls. These changes are aimed at guaranteeing that collective management services are conducted in an equitable, prudent, and appropriate manner.Expansion of TIPO’s supervisory and guidance powersIn order to strengthen financial supervision, the new amendment would authorize TIPO to request that CMOs submit financial declarations and/or financial improvement plans within specified time frames. Moreover, TIPO would have the power to suspend or dismiss directors, supervisors, and complaint committee members who have engaged in illegal acts. The amendment also defines acceptable reasons for revoking a permit so that poorly managed CMOs can be dissolved.
6Applying to Use Orphan Works Now Easier Than Ever!
On March 11, 2021, TIPO announced amendments to Article 3 of the Regulations Governing Application for Approval of License of Works of Unknown Owner of Copyrights and Royalties for Use Thereof. Key changes are as follows:The addition of the option to place an announcement on the TIPO website as a means of publicly searching for the economic rights holder of a workThe reduction of the mandatory waiting period following the public search (from 30 days to just 10)The exemption from the requirement to provide the name of the work to be exploited in cases where the name is unknown (This change is designed to facilitate the use of orphan works.)The term “orphan work” refers to any work that is copyright-protected but whose author is unknown or uncontactable. As for the regulations in question, these were introduced to implement Article 24 of the Development of the Cultural and Creative Industries Act. Their purpose was to put in place a mechanism whereby anyone could apply to TIPO for a license to use an orphan work. However, applicants subsequently identified a number of inconveniences and issues inherent in this system. They pointed out that the mandatory waiting period following the public search for the economic rights holder was inordinately long, while the options for conducting a public search were too limited. It was also noted that, in certain cases, it was impossible to provide the name of an orphan work as it could not be found.It is for all of the above reasons that the new amendments were introduced. Drawing on provisions in the South Korean and Japanese systems, the latest changes have made the application process faster and more convenient, which should hopefully help spur the growth of Taiwan’s cultural and creative sector. If you would like to know more about how to apply for the use of orphan works, please refer to TIPO’s web page on “Licensing of Works of Unknown Owner.”
7Upcoming Registration for 2021 Taiwan Innotech Expo—A Feast of Asian Innovation
The 2021 Taiwan Innotech Expo will take place from October 14 to 16 in Hall 1 of the Taipei World Trade Center. With approximately 500 exhibitors’ booths, this year’s event is set to feature around 1,200 patented technological innovations. The expo is Taiwan’s most iconic R&D platform, attracting more than 50,000 visitors annually.This year, the exhibition area will comprise five sections: an invention competition, patented products, associated services, outstanding innovation, and the Three Major Themed Pavilions. The invention competition will be further divided into three separate themes: Taiwan Invents, The World Invents, and Schools Invent. In addition to participants from the private and research sectors, independent inventors will also be invited to present their innovative creations. Every year, close to 600 Taiwanese and international entries contend for a prize.By holding the event, TIPO hopes to uncover the world’s most original and promising inventions, the creators of which will be vying for a host of awards. The registration period for this year will run from April 20 through June 30, while those who register before April 30 can enjoy an early-bird discount. The competition is open to all, and anyone taking part will be in the running for the highest accolade: the prestigious Platinum Medal. The registration period for the patented products and associated services sections is the same as that for the competition; we therefore welcome and encourage past competition winners and service companies to join in on the action and make this event that much more special.
8TIPO to Mark 2021 World Intellectual Property Day With IPR Symposium for SMEs
April 26 is World Intellectual Property Day. Since 2001, countries all over the world have been marking this day by organizing special events around a general theme set by the World Intellectual Property Organization (WIPO). The events are aimed at raising awareness of how IPR can drive innovation and support creativity. WIPO’s theme for 2021 is “IP & SMEs: Taking your ideas to market.”In celebration, TIPO is teaming up with the Small and Medium Enterprise Administration (SMEA) to organize a symposium entitled “Intellectual Property Rights and SMEs: When Creativity Enters the Market, Dreams are Realized.” Small and medium-sized enterprises from all over Taiwan will be invited to take part in the symposium on April 26, where they will have the opportunity to discuss a variety of issues pertaining to intellectual property rights, i.e., patents, trademarks, copyright, and trade secrets. The SMEA has also asked industry experts to give talks on how SMEs can enter a market and thrive. TIPO hopes that, through the symposium, SMEs will gain a better understanding of intellectual property rights, allowing them to boost their competitiveness.This event will also be live-streamed (in Chinese) via Youtube on April 26 at 1:30 p.m.
9Top 100 Patent Applicants in 2020
According to TIPO’s 2020 Statistical Rankings for Patent Applications and Grants, TSMC was the top domestic applicant for invention, utility model, and design patents in 2020, with 1,096 applications filed. The company has held on to its lead for the fifth consecutive year now. As for foreign applicants, Qualcomm reclaimed the top spot, having filed a total of 720 applications in 2020. With respect to the number of patents granted for all three patent types, TSMC led the pack for domestic applications (680 patents granted), and Advanced New Technology was the most successful foreign applicant (588 patents granted). Applications by domestic schools and colleges of the top 100 went up by 24%.TSMC is top domestic applicant for fifth year in a rowAs regards domestic applicants, TSMC has consistently filed the most applications since 2016. In 2020, that number once again exceeded 1,000. The company was followed in second and third place by Acer (523 cases) and AU Optronics (466 cases). Realtek Semiconductor (420 cases) and Compal (209 cases) each filed their highest number of applications ever, coming in fourth and ninth, respectively. Inventec ranked seventh, filing 236 applications (up 27% – Table 1), and HON HAI was in 8th place with 231 applications (up 16% – Table 1).When looking at the top 100 domestic applicants filing for patents of any type, we see that enterprises are a major driving force for R&D and innovation. With respect to applications filed by enterprises of the top 100 applicants in 2020, invention patent applications were by far the most common (78%); also of note is that applications for utility model patents increased by 19%, while those for design patents grew by 29% (Figures 1 to 4).Eight banks among top 100 domestic applicants – Land Bank of Taiwan takes lead; Hua Nan Bank applies for most invention patentsThere were eight banks among the top 100 domestic patent applicants in 2020. Collectively, these banks filed 736 applications (up 18%), continuing a three-year growth streak. Filing the most patent applications was Land Bank of Taiwan (133 cases), while Hua Nan Bank was the top applicant for invention patent applications (43 cases – Table 3). The total number of invention patent applications filed by the eight banks was 224, marking an increase of 8% compared to the previous year.National Cheng Kung University claims first place in college rankings for invention patent applications; National Taiwan University, National Tsing Hua University, and National Chiao Tung University all record double-digit growthTwenty-seven colleges were among the top 100 domestic applicants for patents of any type. The Taipei City University of Science and Technology ranked first with 181 applications, of which most were for utility models (174 cases). This ensured the university a place among the top ten of all domestic applicants. Meanwhile, the most invention patent applications were filed by National Cheng Kung University (109 cases), followed by National Tsing Hua University (102 cases), National Chiao Tung University (86 cases), and National Taiwan University (82 cases) – increases ranged from 10% to 64% (Table 4).Industrial Technology Research Institute takes crown for invention patent applications filed by research centersFive research centers were also among the top 100 domestic applicants for patents of any type. Placing fifth in the overall rankings was the Industrial Technology Research Institute with 352 applications, comfortably outperforming any other research center. Behind it was the Metal Industries Research & Development Centre (97 cases) - (Table 5).Qualcomm reclaims top spot among foreign patent applicantsAs for the top ten foreign applicants, Qualcomm moved back into pole position, with its number of patent applications increasing by 24% to reach 720 cases. Altogether, there were three semiconductor equipment manufacturers in the top ten: Applied Materials (652 cases) and Tokyo Electron (460 cases) came in second and fourth, respectively, and Disco (291 cases; sixth place) filed its highest number of applications in ten years. Computer memory manufacturer Kioxia ranked fifth with 338 cases, and Ford Global Technologies (243 cases) also entered the list (Table 2).With respect to patent applications filed by foreign applicants among the top 100 in 2020, most applications were for inventions (87%). While applications for invention and design patents were down, those for utility models saw an increase of 11% (Figure 5).
10TIPO Publishes Amendments to the “Program for Hearing Patent Invalidation Cases” in English
For the “Program for Hearing Patent Invalidation Cases” to proceed smoothly and to prevent continuous submission of litigant documents that change the reason(s) for the allegation or combination of the evidence—which may lead to disputes during the hearing process—TIPO has decided to modify Point 4 of the program. This provision concerns the rule for the continuous submission of documents after the announcement of an invalidation hearing. The change is designed to enhance the effectiveness in making decision on invalidation cases and to fully embrace the spirit of Articles 73 and 74 of the Patent Act.The amendments to the “Program for Hearing Patent Invalidation Cases” took effect on February 8, 2021.
11Analysis of Trends in Trademark Applications Filed in 2020
Every year, the WIPO IP Statistics Data Center publishes its report on World Intellectual Property Indicators (WIPI). Last year, for the first time ever, TIPO used the statistical techniques employed in compiling the WIPI report to devise its own weighted calculation methods. It then applied these methods to domestic data on resident trademark applications filed between 2010 and 2019. By taking the Nice Classes under which these trademark applications were filed and grouping them into ten major industry sectors, TIPO was able to show how different domestic industries have developed over the past decade in terms of trademark application trends. This has also allowed for direct comparison with corresponding data from other countries featured in the WIPI reports. On the back of this well-received audit, TIPO conducted a similar analysis this year, whose focus was on trademark applications filed between 2016 and 2020. This provided an even more up-to-date picture of shifts in trademark application trends within different industries. The results are as follows:In the past 5 years, the number of trademark applications by case and by class in Taiwan has continued to grow year on year and, in 2019, it surpassed 110,000 classes for the first time. In 2020, it was almost 120,000 classes. From 2016 to 2019, the proportion of applications (by class) filed by foreign applicants fluctuated slightly between 34.8% and 37%. However, since 2019, the number of applications (by class) filed by foreign applicants has shown a negative growth, standing at only 30% in 2020, which represents a fall of 3.91% compared with the previous year. This decrease is offset by a growth of 10.69% for domestic applicants, which brings the overall growth rate for the year to 6.78%.In terms of industry categories, in the past five years, the top three in which Taiwan has received trademark applications are: “Agricultural Foodstuffs,” “Health and Medical Affairs,” and “Business and Finance.” For resident applications, the top three categories are “Agricultural Foodstuffs,” “Business and Finance,” and “Health and Medical Affairs.” The top three categories for foreign applicants have been “Technical Research,” “Health and Medical Affairs,” and “Agricultural Foodstuffs.”In terms of the nationality of applicants over the past 5 years, the top three countries (regions) for filing have been Japan, the United States, and mainland China, with the number of foreign trademark applications filed from these three countries (regions) accounting for more than half of all foreign trademark applications. As it stands, those for Japanese trademark applications are: “Health and Medical Affairs,” “Technology Research,” and “Fashion Apparel & Accessories.” Foreign trademark applications from the U.S. have primarily been in “Technology Research,” “Health and Medical Affairs,” and “Leisure Equipment,” and from mainland Chinese are “Technology Research,” “Health and Medical Affairs,” and “Agricultural Foodstuffs.” The top industries in developed countries such as Germany, the U.S., and Japan are “Technology Research” and “Recreation and Education.” This shows that the foundation of technologies in developed countries is still solid and, at the same time, also emphasizes the strength of cultural and spiritual industries. Furthermore, in 2019, Japan surpassed other countries when it came to “Technology Research,” with the percentage of its applications filed under that category exceeding 25%.Looking at the distribution of trademark applications in 2020, we can see that there were no changes in terms of industry categories where domestic applications were concerned. Also, and perhaps due to the Covid-19 pandemic, consumer habits have turned to domestic consumption. Therefore, resident trademark applications were still being actively filed. As for the sharp decline in applications (by class) filed by foreign applicants, whether this has been caused by the global pandemic, and whether trends in other countries (regions) have followed a similar pattern, needs to be further examined when the WIPI 2021 report comes out.
12TIPO Holds the Seminars on Increasing Patent Capacity and Values in 2021. Welcoming Taiwanese SMEs to Register!
In order to strengthen SMEs’ patent knowledge and to improve the quality of patent applications, TIPO provides the Seminars on Increasing Patent Capacity and Values. The assigned lecturers by TIPO will customize the seminars to suit SMEs’ needs regarding patent regime, application strategies, or examination practices. The aim here is to help companies expand their patent knowledge and enhance their patent portfolio, which in turn strengthens corporate competitiveness.TIPO welcomes all interested businesses that meet the Taiwanese legal definition of “SME” to please register before March 31st. TIPO will consider the number of patent applications filed by each enterprise when determining an order of priority, after which it will get in touch to plan classes. The seminar service will be available from April to October, with lectures taking place during working hours (between Monday and Friday) and lasting a total of three hours each. The venue and all necessary equipment should be provided by the enterprises themselves. In all, 35 sessions are set to be scheduled.
13TIPA’s IP Professional Courses now open for registration!
To enhance the professional competence of intellectual property practitioners, TIPO has entrusted the Taiwan Intellectual Property Training Academy (TIPA) from the Graduate Institute of Interdisciplinary Legal Studies, College of Law, National Taiwan University, to provide training courses for intellectual property professionals. The registration process has already begun, and the classes will start in March. We welcome attendance from people in any industry.The classes offered this year will focus on professional needs, and the course contents will be brought even further in line with those areas covered by the certification exams. As for the lectures, these will be given by professionals from the world of academia, industry, and government, all of whom possess ample experience and theoretical knowledge. Whether the goal is to enter the field of IP, gain a first-hand understanding of IP practices and principles, or just take up further studies, these courses will greatly enhance participants’ professional ability regarding intellectual property.TIPA’s follow-up survey discovered that 80% of participants thought that the training helped them to enhance their professional knowledge and skills. Almost the same percentage indicated that the training effectively solved problems encountered in the workplace while also improving work efficiency. The results really do speak for themselves.Online registration is now open for classes for “The Training Course on Intellectual Property Professionals” for 2021. We welcome people from any industry to register on the TIPA website. Furthermore, we have comprehensively initiated COVID-19 prevention measures for the training, allowing students to take classes with peace of mind.
14TIPO Statistics Report: Patent and Trademark Applications in 2020
In 2020, overall patent applications decreased by 3% to 72,238 cases. Of these, invention (46,664) and design patent applications (8,019) decreased by 3% and 9%, while utility model patent applications (17,555) remained stable. For trademark applications, 94,089 cases (covering 119,660 classes) were filed—the highest number recorded ever since TIPO’s founding in 1999. As to examination efficiency, the average disposal pendency was 13.9 months and 6.5 months for invention patent applications and trademark applications respectively, allowing applicants to benefit from a fast and effective examination service.Resident invention applications highest since 2014 with industry and school sector boostInvention patent applications (19,012) filed by residents hit their highest level since 2014. This was due to a 1% rise in the number of applications by corporations, with those filed by SMEs alone experiencing an impressive 17% increase. Meanwhile, applications by schools saw a surge of 16%. Utility model applications (16,445) also rose slightly by 0.2% (Fig. 2, Fig. 3) from last year. As for non-residents, invention, utility model and design patent applications were down to 27,652 cases, 1,110 cases and 4,072 cases (Fig. 2).Japan claims top spot in non-resident patent applicationsA breakdown by applicant nationality shows that Japan continued to top the list with 13,247 overall applications, followed by the US (7,358) and mainland China (3,761), while Germany (1,165) moved to fifth place. Japan also led in the number of invention and design patent applications, and mainland China surpassed other countries when it came to utility model applications (Fig. 4).Trademark applications reach record high with a surge in resident applicationsAs for trademarks, the number of applications (94,089) hit its highest level since TIPO’s founding in 1999. This was mainly due to a 17% increase in resident applications (72,170), while those by non-residents (21,919) fell (Table 1, Fig. 5).Among the top 5 trademark-filing countries (regions), mainland China (4,575 cases) took the lead, followed by Japan (4,013 cases) and the US (3,814 cases). Applications filed by the US were up 5%, while those by mainland China and Japan were down from last year (Fig. 7).Resident filings under top 5 Nice classes achieve two-digit increase, while Class 5 reports the strongest growth in non-resident filingsWith regard to resident trademark applications, class 35 (advertisements and business operation) topped the list with 13,230 classes. Applications filed under the top 5 classes saw an increase of 13%-29% (Fig. 8). Among resident applicants, UNI-PRESIDENT ranked first with 749 classes, followed by WOWPRIME (284 classes) and EASYCARD CORPORATION (183 classes) (Fig. 9).Regarding non-resident trademark applications, class 9 (computer and technology products) led with 4,389 classes, while class 5 (pharmaceuticals) recorded the strongest growth with 3% (Fig. 8). Among non-resident applicants, HUAWEI led with 121 classes, followed by SHISEIDO (114 classes) and KAO (96 classes) (Fig. 9).Invention patent and trademark application pendency remain stableTIPO went at full throttle to step up examination efficiency. As a result, the average disposal pendency was less than 14 months for invention patent applications. For trademark applications, it dropped to 6.5 months—a record low since 2009. Pending applications for both invention patent and trademark applications were maintained at about 49,000 cases (Fig. 10, Fig. 11) to help businesses quickly obtain IP rights and begin developing portfolios.
15TIPO’s Q4 2020 IPR Statistics Report
In Q4 2020, TIPO received a total of 19,389 applications for invention, utility model and design patents, marking a 4% decrease from the same period last year. Applications for trademark registrations (24,591 cases), on the other hand, saw a growth of 9%, mainly due to a 16% increase in residents’ applications; moreover, applications filed by residents have been experiencing sustained positive growth since the second quarter of 2019 (see Table 1). TSMC and QUALCOMM filed the most invention patent applications among domestic and foreign applicants respectively (see Figure 2). Not only have invention patent applications filed by domestic SMEs been increasing for eleven consecutive quarters now, but those filed by domestic colleges have also surged by 15% as compared to the same period last year.Patent ApplicationsInvention patent applications filed by domestic enterprises were up slightly from the same period last year and accounted for 72% of all domestic applications filed. Of these, applications by SMEs grew by 14%, marking the eleventh quarter of consecutive growth—a sign that these companies have been continuing to enhance their innovation capabilities in recent years, which is bound to have a positive effect on their competitiveness.As to the domestic applicants themselves, TSMC filed the most invention patent applications (332 cases) (see Figure 2), outnumbering other domestic applicants for the sixth year in a row, while ACER filed the most design patent applications (32 cases) (see Figure 3).Invention patent applications filed by domestic colleges increased by 15%. NATIONAL TSING HUA UNIVERSITY filed 42 applications, thereby reclaiming the top spot.Invention patent applications filed by domestic research institutions were down. ITRI filed the most applications with 183 cases.As for non-resident applications, Japan remained at the top with 2,929 invention patent applications and 279 design patent applications, while mainland China filed the most utility model patent applications with 179 cases (see Figure 1). Among the largest filing companies, QUALCOMM and DAF TRUCKS topped the list with 203 cases for invention patent (see Figure 2) and 68 cases for design patent applications (see Figure 3) respectively.Trademark ApplicationsApplications for trademark registration came to 24,591 cases (encompassing 31,422 classes), an increase of 9% over the same period last year. Applications filed by residents (18,834 cases) went up by 16%, whereas those by non-residents (5,757 cases) decreased (see Table 1).A breakdown by Nice class shows that class 35 (Advertising, business management, retail and wholesale services, etc.) received the most cases (3,489) by resident applicants. Applications made under the top five classes were up by between 14% and 26% when compared with the same period last year, with class 5 (Pharmaceuticals, etc.) registering the highest growth rate (see Figure 4). Concerning individual applicants, UNI-PRESIDENT took the lead with 306 cases (see Table 2).As to non-resident applications, the USA occupied the top spot with 1,162 applications filed (see Figure 1). Class 9 (Computer and technology products, etc.) led with 1,151 applications filed (see Figure 4). Of all non-residents, APPLE filed the most applications (45 cases)(see Table 3).
16TIPO Introduces Consultation Service for SMEs Applying for Overseas Patents
Sound IP strategies and a robust patent portfolio are important for successful business development. To help small and medium-sized enterprises (SMEs) expand their repertoire of foreign patents, TIPO has introduced a new service that offers consultations specifically aimed at SMEs applying for patents overseas. This measure will hopefully allow such businesses to gain a foothold in foreign markets and boost their competitiveness globally.
17English-Chinese Comparison Table According to Revised Nice Classification (11th Edition, Version 2021)
WIPO has released the 11th edition (Version 2021) of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. The revised list is effective as of January 1, 2021. TIPO has already published reference material in the form of an English-Chinese comparison table and a chart highlighting the latest changes to the names of goods and services.
18Changes to Designated Names of Goods and Services for Trademark Registration
In response to the revision of the Nice Classification, TIPO has amended its own list of Designated Names of Goods and Services for Trademark Registration. Effective as of January 1, 2021, the changes include the addition of 85 and the deletion of 27 items. A further 26 class/subclass names were either added, removed, or amended. The electronic trademark application system has also been updated to reflect these changes.Those using the electronic trademark application system after January 1, 2021, are advised to download the updated list featuring all incorporated changes. Filling out an application with names of goods and services not found on the system’s current list means missing out on a fee reduction of NT$300.
19TIPO’s Industry Patent Knowledge Base – Your Ticket to Enhanced Innovation and IP Protection Awareness
In 2017, TIPO unveiled its Patent Data Navigation Plan. By collecting and releasing patent data from all of the IP5, along with its own, TIPO has made huge amounts of information accessible, ready to be analyzed and used. Thanks to the launch of the Industry Patent Knowledge Base under the Plan, businesses can keep up to date with the most recent global trends in technology.In order to promote the knowledge base and improve its various functions, TIPO has visited and consulted a total of 293 companies over the past four years. Their invaluable advice has allowed us to deliver ever more convenient tools and diversify the information we provide, such as by incorporating the following functions: patent recommendation, latest patents, patent tracking, related articles search, patent systems of other countries, instructional videos, trend statistics, etc.In 2020, we saw the addition of four new functions: search by industry, directory of researchers, PTAB case search, and news aggregation. These features can help companies quickly locate important information about patented technologies and IP developments while also ensuring that they find the right partner to work with.Search by industry: a new type of search engine that allows direct comparison of Taiwanese industries and patented technologies. Patent documents are arranged and displayed by industry so that companies get a practical, field-specific overview of global trends relating to patented technologies.Directory of researchers: a directory listing specialists from different research areas. Biographical information is matched to relevant patent documents so that users can learn about a researcher’s background as well as any patents he/she may have applied for in the past. This allows SMEs to get a better idea of the areas of expertise associated with each individual, letting them make the right choice when it comes to selecting a partner.PTAB case search: a collection of over 60,000 items of information detailing appeals handled by USPTO’s Patent Trail and Appeal Board since 1997. The data aims to meet businesses’ needs regarding the speedy gathering of information on legal proceedings and appeals.News aggregation: Drawing from 52 different sources, including government agencies, law firms, and Google’s latest IP stories, this function amasses over 7,000 news items per month. It also lets users customize their news feed. They can screen, browse and follow channels on specific topics such as IP, events, business, smart machinery, the biotech and medical industry, and job recruitment.
20TIPO releases Q3 Quarterly Report on IP Rights Protection
Providing the world with a window into Taiwan’s ever-changing IP protection landscape, TIPO’s quarterly report on IP rights protection is an especially valuable source of information. In addition to recapping the content of our monthly English-language ePapers, it also reports on the latest law enforcement and education/awareness raising efforts in the field of IP protection. Readers are welcome to peruse the latest installment, the 2020 Q3 Report, on our website.
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