News
1Starting from September 1, TIPO introduces operational directions for third-party to participate in the process of patent examination
TIPO has always strived for the highest standards when it comes to patent quality. As a further sign of this commitment, the office has been working on how to best encourage public/third-party in submitting prior art concerning the patentability of an invention after the publishing of patent applications 18 months subsequent to the earliest effective filing date, reflecting similar measures adopted worldwide. This serves to enhance the stability of patent rights.With the aforementioned goal in mind, TIPO has introduced the Operational Directions for the Processing of Third-Party Observations on Invention Patent Applications. It is hoped that the new directions, which were announced on August 25, 2020, and came into effect on September 1 of the same year, will clearly regulate public participation procedures. TIPO will also provide convenient access to third-party observation application forms via Taiwan’s Patent Search System.As for patent citation information, this will henceforth be relayed to patent applicants by notification, while patent citations themselves will be made available to the public on the Patent Search System. These measures are designed to ensure that valuable public input by means of third-party observations becomes the driving force for the improvement of the patent quality.The operational directions will present a host of advantages for patent applicants, industries and TIPO.1. Advantages for applicants: In the past, roughly 100 third-party patent observations were filed with TIPO every year. However, up to 90% of third parties requested that citation information not be published, leaving many patent applicants in the dark and unable to make necessary revisions to their claims before patent approval. This could result in time-consuming, costly post-grant litigation proceedings. Thanks to the new directions, patent applicants will now be informed about the filing of third-party observations in a timely manner. This will not only safeguard the rights and interests of patent applicants, but also enhance their patent’s stability and benefit their patent portfolio both at home and abroad.2. Advantages for industries: Convenient access to third-party observation application forms and document templates provided by TIPO will make it easier for interested parties to file observations and prior art for examination purposes. Rules regarding the time frame for submissions have also been relaxed. Where an applicant files for both an invention and a utility model patent for the same invention, interested parties will no longer have to wait 18 months until publication of the invention patent application to submit observations or prior art, but may already do so after completion of the formal examination of the utility model, which tends to only take a little over two months.3. Advantages for TIPO: By providing convenient access to third-party observation application forms and document templates via Taiwan’s Patent Search System, TIPO is able to encourage third parties to more readily submit citation information, which in turn helps examiners gain an overview of evidence relating to prior art while also mitigating the risk of administrative costs being incurred due to subsequent invalidation proceedings.In essence, the new directions will facilitate alignment with international practices and more effectively encourage public/third-party participation in the process of patent examinations. They should also help in reducing the economic burden on patentees wishing to maintain the validity of their patent. We are confident that these positive changes will further improve patent examination quality in Taiwan.Operational Directions for the Processing of Third-Party Observations on Invention Patent ApplicationsOperational Directions for the Processing of Third-Party Observations on Invention Patent Applications – easy-to-follow infographic
2Amendments to the Regulations Governing Application for Approval of Compulsory License of Musical Works and Royalties for Use Thereof
Where an application is made for a compulsory license of a musical work, the written application form shall indicate the identity of the owner of the economic rights to the musical work. This allows the copyright competent authority to notify said owner that he/she may submit an opinion pertaining to the content of the application form. However, in accordance with Paragraph 4 of Article 37 of the Copyright Act, if the musical work has been exclusively licensed, the exclusive licensee may, within the scope of the license, exercise rights in the capacity of economic rights holder. In such instances, the copyright owner is precluded from exercising his/her rights.To ensure conformance with the provisions set forth in the Copyright Act as well as relevant court decisions, partial revisions have been made to the Regulations Governing Application for Approval of Compulsory License of Musical Works and Royalties for Use Thereof. The Ministry of Economic Affairs announced the amendments on August 4. Points of note are as follows:To facilitate the copyright competent authority’s handling of procedural matters, such as notification of right holders, the identity of any exclusive licensee to the musical work concerned shall henceforth also be indicated as an item on the application form. (Amendment to Article 3)Where a musical work has been exclusively licensed, the copyright competent authority shall notify the exclusive licensee about his/her right to submit an opinion as well as the scope thereof. (Amendment to Article 7)The wording of certain provisions has been fine-tuned so as to strengthen procedural guarantees afforded to exclusive licensees. (Amendments to Articles 9–11 and Articles 16–18)Regulations Governing Application for Approval of Compulsory License of Musical Works and Royalties for Use Thereof
3Operational Directions for the Processing of Third-Party Observations on Patent Applications come into force on September 1
On August 25, the Ministry of Economic Affairs released the Operational Directions for the Processing of Third-Party Observations on Patent Applications. These are designed to implement the provisions of Article 39 of the Enforcement Rules of the Patent Act and improve the system for third-party observations as a tool for public participation in the patent examination process. The new directions lay out the details for submission of a third-party observation. These include the relevant time period, situations for making a submission, and the documents required to be filled out and those that should be supplemented as well as the manner of submission. The directions also outline the processing principles employed by TIPO in relation to third-party observations.Operational Directions for the Processing of Third-Party Observations on Patent Applications (in Mandarin)General overview and point-by-point explanation of the guidelines (in Mandarin)
42020 Taiwan Innotech Expo open to all
The 2020 Taiwan Innotech Expo will take place from September 24 to 26 in Hall 1 of the Taipei World Trade Center. With approximately 900 exhibit booths, the event is set to feature a thousand different technological innovations and newly patented inventions. Continuing to enjoy the distinction as Taiwan’s most iconic R&D platform, the expo will also be the first major international exhibition to be held since the outbreak of COVID-19. All members of society are invited to take part.This year, the layout of the exhibition area will revolve around the so-called Three Major Themed Pavilions as well as an Invention Competition Area, where inventors, entrepreneurs and researchers from around the globe will be presenting over 500 innovative creations. By holding the competition, TIPO hopes to uncover the world’s most original and promising inventions, which will all be in the running for the ultimate prize – the prestigious Platinum Medal. TIPO will also be setting up a special area for outstanding innovation by Taiwanese inventors, where the winners and runners-up from international fairs held within the past three years, together with the reigning Platinum Medal recipient, will be showcasing their work – a true testament to the boundless creativity to be found across Taiwan.The expo’s Three Major Themed Pavilions will be jointly curated by the following ten ministries and bodies: Ministry of Economic Affairs, Ministry of Science and Technology, Ministry of Education, Ministry of National Defense, Ministry of Health and Welfare, Ministry of Labor, Council of Agriculture, National Development Council, Environmental Protection Administration and Academia Sinica. The focus will be on pioneering inventions, sustainable development and technologies of the future. Bringing together the trailblazing technologies developed with the help of the above institutions, the exhibition unveils Taiwan’s latest achievements in scientific research.Taking place alongside the expo is an innovation technology forum, which will focus on IP business strategies and emerging tech. Participants will be sharing their experience and insights in an effort to help industries harness the value of scientific innovation. A total of 14 conferences and seminars aim to encourage partnerships and exchanges on tech-related issues with a view to creating domestic and international business opportunities vis-à-vis patented technologies. For all the latest news on the expo, please visit the 2020 Taiwan Innotech Expo website.2020 Taiwan Innotech Expo
5Program on Mutual Cooperation in the Field of Deposit of Biological Materials for the Purposes of Patent Procedure between Taiwan and South Korea comes into effect on September 1, 2020
Following the launch of the cooperative program on mutual recognition of the deposit of biological materials for the purpose of patent procedure between Taiwan and Japan in 2015 and between Taiwan and the UK in 2017, the cooperative program between Taiwan and South Korea, based on an MOU signed in August, will be implemented on September 1, 2020. It once again expands Taiwan’s scope of international cooperation in this field.Upon implementation of this program, TIPO will recognize the deposit at KIPO’s designated depositary and KIPO will recognize the deposit at TIPO’s designated depositary. Therefore, any Taiwanese applicant filing patent applications relating to biological materials with KIPO or any South Korean applicant filing patent applications relating to biological materials with TIPO is able to deposit his/her biological materials in a local designated depositary. This streamlines the deposit procedures for patent applicants in both countries, avoids problems due to the instability of biological materials that may be caused by cross-border deposits, and also reduces the cost of repeated deposits.At present, the depositary designated by TIPO is the Food Industry Research and Development Institute (FIRDI), while those designated by KIPO are the Korean Collection for Type Cultures (KCTC), the Korean Culture Center of Microorganisms (KCCM), the Korean Cell Line Research Foundation (KCLRF) and the Korean Agricultural Culture Collection (KACC).Moreover, both offices also recognize deposits of biological materials in a depositary designated by the other office made before the implementation of this cooperative program, provided two conditions are met. Patent applicants will not be required to make repeated deposits in either Taiwan or South Korea if: 1) their patent application is filed on or after September 1, 2020, i.e., the implementation date of this cooperative program; and 2) their patent application is filed along with copies of the deposit certificates submitted before the corresponding deadlines.The Operational Directions Governing the Mutual Cooperation between TIPO and KIPO in the Field of Deposit of Biological Materials for the Purposes of Patent Procedure and related Q&A information can be found on TIPO’s website.Operational Directions (in Mandarin)Q&A (in Mandarin)
6TIPO Holds a Public Hearing on the Amendment to the Substantive Examination Guidelines for Design Patents on July 23
After having reviewed design patent examination practices in recent years, TIPO has drafted the amendment to parts of Chapter III on Substantive Examination Guidelines for Design Patents of the Examination Guidelines for Patents so as to stay current with the latest developments in digital and new technologies. A public hearing will therefore be held on July 23.The key revisions pertaining to relaxing the requirements for disclosing descriptions and graphs, as well as those governing divisional application; adding constructions and interior designs to the examples of subject matter for patent protection, and adding computer program products to the example of articles a graph design may be applied to.More information (in Mandarin)
7Registration for Information Sessions on Patent Search and Its Application in Building Patent Portfolios Commences on July 23
To improve domestic businesses’ abilities to build patent portfolios, TIPO is going to host the Information Sessions on Industrial Patent Portfolios on Patent Search. These events will illustrate how to use TIPO’s GPSS to search patent worldwide, and how to use fishbone diagram and technology life cycle for the analysis of patent trend. In addition, the strategies and useful steps to build patent portfolios will be systematically introduced along with practical cases.These information sessions are advanced courses for patent search and relevant applications, thus participants are advised to have relevant experiences in patent search. The events will be held on in Kaohsiung, Taichung, Hsinchu, and Taipei from August 4 onwards.More information about registration (in Mandarin)
8Registration for the 2020 Seminar on Appropriate Confidentiality Measures for Businesses Now Open
To assist businesses in establishing comprehensive protective mechanisms for trade secrets, TIPO and the Taiwan Association for Trade Secrets Protection (TTSP) will co-host the seminars on Appropriate Confidentiality Measures for Businesses in Taipei, Taichung, and Tainan on August 14, 28 and September 11.Experts experienced in relevant practices and a prosecutor will be invited to share their thoughts on appropriate confidentiality measures, an overview of applying information technology to trade secret security; and practices in trade secret investigations and the latest development.TIPO hopes these events would enable businesses to establish sound trade secret management system and strategies for coping infringement.More information about registrationAgenda (in Mandarin)
9Registration for Information Sessions on Copyright in Cultural and Creative Industries and Internet Copyright Now Open
From July to October, TIPO will be hosting a series of six information sessions targeting cultural and creative industries and Internet copyright to address topics of must-know copyright for audio-visual and music industries; must-know copyright for digital publishing industries; and must-know copyright on image usages for online sellers, YouTubers and Internet celebrities. The events will invite legal experts and lecturers from private sectors to give explanation of these topics so as to help cultural and creative industries as well as users increase their knowledge of Copyright Act.More information about registration
10TIPO Releases IPR Statistics for the First Half of 2020
In the first half of 2020, TIPO received a total of 33,954 applications for invention, utility model, and design patents, marking a 4% decrease over the same period last year. On the other hand, the number of trademark registration applications hit a record high with 43,385 cases (see Table 1). In terms of invention patent applications, TSMC topped domestic applicants and QUALCOMM topped foreign applicants (see Figure 2). The applications by domestic SMEs grew by 14%. PatentDomestic enterprises registered a 1% growth for the number of invention patent applications filed, and their share accounted for over 75% of total domestic invention patent applications, a main driving force for innovation in Taiwan. Of these, SMEs’ applications were up by 14%, marking over 10% growth for the second consecutive year.As for applicants, TSMC topped the list with 375 cases, and MEDIATEK (211 cases) and AU OPTRONICS (210 cases) stood at the second and third spot respectively (see Figure 2). TSMC outnumbered the others for the fourth year in a row.Invention patent applications filed by domestic colleges and research institutions increased by 19% and 2% respectively.Regarding the nationality of non-resident applicants, Japan came in first with 6,105 invention patent applications filed (see Figure 1). Among the top filing foreign companies, QUALCOMM ranked first with 304 cases, representing a growth of 14% over the same period last year (see Figure 2). As for design patents, Japan also came out on top with 497 cases (see Figure 1), while FORD was the company with the most design patents filed (114 cases).TrademarkThe number of new applications for trademark registration (43,385 cases) saw a 3% increase from the same period last year. Applications by residents (32,843 cases) grew by 10%, whereas those by non-residents (10,542 cases) fell (see Table 1). Applications by residents reached a record high not seen since the year 2000.The share of applications by residents rose from 71% in the first half of 2019 to 76% in the first half of 2020, showing a higher concentration of domestic applications.A breakdown by Nice class shows that class 35 (advertising, business management, etc.) received the most cases (5,955) by residents. All top five classes saw positive growth, with class 5 (pharmaceuticals, etc.) registering the highest growth at 24% (see Figure 3). As to applicants, UNI-PRESIDENT led with 228 cases (see Table 3).Of non-residents’ trademark applications, mainland China stayed on top with 2,289 cases (see Figure 1). Class 9 (computer and technology products, etc.) received the most cases (2,100) by non-residents. The top five classes all saw a decrease during this period (see Figure 3). Among non-resident applicants, HUAWEI filed the most applications with 95 cases (see Table 4).
11The provisions governing matters relating to patent applications are relaxed after promulgation of the amended Enforcement Rules of the Patent Act
On June 24, 2020, the Enforcement Rules of the Patent Act was amended to relax regulation, and broaden public participation in examinations to increase examination quality.The key revisions include an invention patent applicant who uses an electronic file format prescribed by TIPO to submit a listing of nucleotides and/or amino acids sequence may be exempted from submission in written form. Also, the restriction where a third party may submit observation to TIPO only after the publication of the invention patent application is now relaxed. Any person may submit observations prior to an examination decisions being rendered.Amended Articles 17 and 39 of the Enforcement Rules of the Patent Act
12Alternative methods for electronic transmission of patent and trademark application documents take effect on July 1, 2020
In order to remedy the situation concerning patent and trademark e-filings where transmission takes longer than usual due to file size or where failures occur in TIPO’s filing system that disrupts e-filing process, TIPO has amended the Regulations Governing the Implementation of Filing Patent Applications and Services by Electronic Means and the Regulations Governing the Implementation of Filing Trademark Applications and Services by Electronic Means, as well as published alternative methods for electronic transmission, which took effect on July 1. Below are the highlights of the methods.Where the file size of patent or trademark application documents exceeds 500MB, or where TIPO notifies a breakdown of its system, an user may store the files on a read-only DVD disc and submit it in person or mail it to TIPO to complete the e-filing process.For application filed through the alternative methods, the date of application and other proceedings shall be the date on which TIPO receives the electronic patent/trademark application documents. The date of those via postal service shall be the postmark date. Unless otherwise proved by the parties involved, the date of those whose postmark date appears to be ambiguous shall be based on the date of receipt by TIPO.The amended provisions of the Regulations Governing the Implementation of Filing Patent Applications and Services by Electronic Means and the Regulations Governing the Implementation of Filing Trademark Applications and Services by Electronic Means (in Mandarin)The publication of alternative methods for electronic transmission (in Mandarin)
13Changes made to the name of designated goods and services for trademark registration, as well as cross index references
In order to align the goods and services classification more closely with the actual business scenarios, TIPO added/amended 468 items and deleted 14 items in names of designated goods and services for trademark registration. Also, it added/amended 16 names of groups/sub-groups or notes in total. The above changes took effect on July 1, 2020.The new version of “Names of designated goods and services for trademark registration” (in Mandarin)
14Registration is now open for TIPO’s 2020 IPR affairs seminars which begin on July 27
To enable the public to better understand TIPO’s routine IPR affairs and facilitate in-person communication with different sectors, TIPO will host the annual “IPR affairs seminars” on July 27 in Taipei, July 30 in Taichung, August 3 in Hsinchu, August 6 in Tainan, and August 7 in Kaohsiung.The seminars will address four specific topics: (1) An overview of the “Guidelines for processing third-party observations on patent applications” and “Proactive patent examination program for start-ups”; (2) Case studies on issue of ex officio examination, res judicata and new evidence; (3) An overview of the fast-track for trademark and applications; and (4) Reminders of taking patent and trademark related proceedings. There will also be a discussion session in the seminars. The events are open to registration now.Registration information (in Mandarin)
15“Respect Creations: Parents and Children Having Fun Creating” is now open for registration
TIPO will host the “Respect Creations: Parents and Children Having Fun Creating” on August 2 (Sunday), 14:00-16:00, in the Taipei Zoo.This event allows parents and their children to cowork on potted plants DIY to show their creativity. There will also be stalls that combine games and competitions where visitors can acquire IPR knowledge while partaking in these fun activities. TIPO is looking forward to your participation.Registration information (in Mandarin)
16TIPO releases the English edition of the annual report
In 2019, TIPO celebrated its 20th anniversary of its establishment.In 2019, the Copyright Act was amended in May to impose civil and criminal liabilities on any person providing computer programs which have aggregated IP addresses that enable access to infringing contents. The purpose is to curb the circulation of illegal set-top boxes.In November, the Patent Act was amended to extend the term of protection for design patent from 12 to 15 years. In addition, the restriction on post-grant division of invention and utility model patents was relaxed, and an invalidation requester should submit grounds thereof within three months after the request is filed. The amendment is to facilitate development in Taiwan’s design industry and increase the efficiency in the examination of invalidation cases.In December, the Legislative Yuan passed the amendment to the Trade Secrets Act that introduces the system of confidentiality protective order for investigation in order to increase the efficiency in the investigation of trade secret cases.In addition, TIPO keeps improving examination efficiency and quality, providing strong support for the industry sector’s innovation development, as well as strengthening international cooperation. The annual report covers accomplishments and statistics for the year 2019. Access to the annual report is open to the public.English edition of TIPO’s 2019 annual report
17Analysis of trademark applications and the trend in business development in the past decade
In recent years, TIPO has been publishing patent application analysis reports of domestic and foreign businesses’ patent portfolios and the trend in their development. These reports have received great attention from various sectors.This year, with reference to the “World Intellectual Property Indicators 2019 (WIPI 2019)” published by WIPO IP Statistics Data Center, TIPO uses similar method to group Nice classes assigned to designated goods or services of trademark applications into ten industry sectors (see attached chart), and publishes the report “Analysis of the trend in trademark applications from 2010 to 2019 by industry sector.” It is the result of collecting and organizing more than 770,000 trademark applications over the ten-year span, and the complicated data is converted into easily-understood graphs and charts by employing data visualization and data-driven strategy.At the same time, the report compares the latest WIPI 2019 Report with the data of Taiwan’s residents’ applications to reveal the similarities and differences between Taiwan’s industry sectors and those of other countries. As such, the report serves as a reference for businesses to build portfolios, develop brands, and stay current with market trends.This report focuses on the trend in the development of different industry sectors. Main points are summarized as follows (see attached chart):I. Trademark applications in the “agriculture” sector over the past decade take the lead, accounting for 19.2%~21.6% of all applications. “Agriculture” corresponds to Classes 29~33 and 43 in the Nice Classification. Namely, they include food, beverages, catering, accommodation and other goods and services that are most relevant to the daily lives of general public. As near 70% of the trademark applications are filed by residents, among which Class 43 is the second highest sector, it shows residents’ passion for brand innovation and entrepreneurship in the catering business.II. “Business services” is the second largest industry sector in residents’ trademark applications over the past decade. It corresponds to Class 35 in the Nice Classification which covers commercial services such as wholesale and retail, advertising and marketing, and import/export agents, as well as financial services in Class 36. Class 35 also tops all of the sectors in residents’ applications and this is indicative of Taiwan’s burgeoning commercial activities such as the retail business, and ongoing intensive development of business services in recent years.On the third place is “health” industry sector, which corresponds to Class 3 and Class 5, namely cosmetics, cleansing products, as well as pharmaceuticals and medical products. This also reflects the fact that residents are placing great emphasis on physical wellbeing and beauty care, which in turn is driving relevant businesses to apply for trademark registration for their brands.III. Trademark applications by non-residents over the past decade are dominated by the “research and technology” sector. Applications filed in this sector take up 16.8%~19.3% of all types of applications with a modest increase in growth. “Research and technology” sector covers Classes 9, 38, 42, and 45, namely computers, communications, and consumer electronics equipment, communications transmission, scientific and technological R&D, as well as legal services.Over the past decade, Japan, the US, and mainland China have become the top three foreign applicants of trademark, whose applications take up more than half of all applications by non-residents. This shows not only the ongoing competition among these countries in technological R&D but also points to their proactive efforts to seek trademark protection for their patented technologies under the territoriality principle. Taiwan is the hub for the world’s high-tech industries such as electronics, information, and telecommunications. It is also an integral part of many countries’ global brand portfolios.IV. “Health” and “agriculture” are the second and third highest industry sectors of non-residents’ trademark applications in the past decade. The same sectors also occupy the third and the first places in residents’ applications. The high domestic demands for these products and services are driving foreign applicants to pivot their emphasis and invest in Taiwan.V. Trademark filing activity is a relatively less discussed benchmark. To compare trademark filing intensity across countries, WIPI measures resident application class counts in relation to GDP (per USD 100 billion GDP) and population level (per million population). The data may show both the size of the economies and the level of economic development of different countries, while it may also reflect how the costs of trademark application could have some adverse influence on demand for application.Take the 2018 data for instance, trademark applications filed domestically in China unsurprisingly skyrocketed, catapulting the country’s average application class count per USD 100 billion GDP and application class count per million population to the top spot.In comparison with the average class count per GDP, Taiwan is on par with that of South Korea. As to average class count per million population, Taiwan is growing steadily and equivalent to that of the Netherlands. Both Taiwan’s average class count per GDP and that of per million population are higher than the world’s average.VI. Below is a comparison between Taiwan’s statistics and those of other countries in the WIPI 2019 (data gleaned from year 2018) report.In 17th place globally, application class counts stood at around 109,000 classes.In 15th place globally, registration class counts stood at around 93,000 classes.In non-residents’ applications filed in Taiwan, the rations of goods and services to all are close to those of WIPO’s statistics (TIPO: goods 71.2%, services 28.8%; WIPO: goods 68.9%, services 31.1%).In non-residents’ applications filed in Taiwan, the top four industry sectors are, in descending order, “research and technology,” “health,” “agriculture,” and “clothing and accessories.” These are the same top four industry sectors in WIPI 2019 report, albeit in different order. This reflects that with the waves of globalization continuing to surge, countries around the world are developing businesses that are increasingly similar in kind. As with the trend that big businesses will always sustain their dominance, multinational corporations are investing heavily in developing their global marketing portfolios. Under such circumstances, SMEs more than ever must rely on their creative energies to facilitate any business breakthroughs.Over the past few months, the world’s economic and trading activities have suffered drastic changes due to the Covid-19 pandemic. In the meantime, the economic outlook is still brimming with uncertainties. Nevertheless, Taiwan has rarely experienced any deficiency in economic vitality and people enthusiastic about starting businesses.As restaurants, hotels, and tourism industries are regaining momentum in the domestic market during the post-Covid-19 time, we can expect a continuous growth in applications in the “agriculture” sector. In addition, the success fight with the pandemic is also the result of our ongoing efforts in the promotion of medical care and biotech industries. Large amount of investment, accompanied with solid foundation of upstream and downstream manufacturing businesses, has made Taiwan the key provider of medical supplies in regional or even global markets, which could therefore bring a huge opportunity for business development in the “health” sector.As well as continuing the effort in the name of “Taiwan’s national team,” relevant businesses are expected to be prepared in advance, be more flexible to their coping strategies, and speed up the pace of creating their own brands.
18TIPO-KIPO Permanent PPH MOTTAINAI Program Comes Into Effect on July 1, 2020
The Patent Prosecution Highway (PPH) pilot program between Taiwan and Korea will expire on June 30, 2020. In view of its impressive results in acceleration of examination, both sides have agreed that a permanent PPH program will replace the current one, starting July 1, 2020. The permanent program is aimed at continuing to provide applicants with stable and convenient PPH services.Taiwan and Korea have been close economic and trading partners. For long years, Korea has made the top four countries in invention patent applications filed in Taiwan. Last year (2019), TIPO received a total of 1,656 invention patent applications from Korean applicants. On the other hand, KIPO received 1,102 invention patent applications from Taiwanese applicants. To speed up examination so that applicants could acquire their patents quickly, TIPO and KIPO have conducted the PPH pilot program since July 1, 2015.The request forms and detailed information on the procedures of the permanent PPH MOTTAINAI are available at TIPO’s website and KIPO’s website.
19Relief for the delay of statutory or specified time period of patent and trademark cases due to the Covid-19 pandemic
TIPO announced the relief for the delay of statutory or specified time period due to the Covid-19 pandemic.Statutory time periodAccording to Article 17.2 of the Patent Act and Article 12 of the Enforcement Rules of the Patent Act, or Article 8.2 of the Trademark Act and Article 9 of the Enforcement Rules of the Trademark Act, an applicant filing a written request for reinstatement should state the delay of statutory time period is due to the Covid-19 pandemic and provide evidence thereof. While requesting for reinstatement, the applicant shall concurrently fulfil all obligations that should have been fulfilled within the concerned time period. In principle, such cases will be determined leniently on a case-by-case basis.If the applicant who has appointed an agent fails to comply with the statutory time period due to the inconvenience of getting in contact with each other caused by the Covid-19 pandemic, he or she may file a written request for reinstatement accompanied by evidence thereof. In principle, such cases will be determined leniently on a case-by-case basis.Specified time periodThe applicant who fails to comply with the specified time period due to the Covid-19 pandemic may still fulfill the requirements before a decision is rendered by TIPO. Considering the impact of the pandemic, the applicant who finds it necessary to extend the original specified time period could submit a written statement accompanied by evidence thereof. TIPO will follow the examination guidelines and have the cases determined leniently on a case-by-case basis.The applicant who is still unable to fulfil the requirements during the aforementioned extension of specified time period could submit a statement to TIPO with evidence thereof. In principle, TIPO will approve another one-month extension if it deems it appropriate. However, if the evidence in the case shows that an extension of more than one month is needed, TIPO will then approve an appropriate period of time of longer than one month.
20The 2020 National Invention and Creation Award now opens registration until June 30
The 2020 National Invention and Creation Award will select from the technologies that have been patented in Taiwan over the past six years (January 1, 2014 - December 31, 2019) and present trophies and cash prizes to inventors of the selected technologies for their extraordinary contribution.According to past winners, the National Invention and Creation Award adds values to their patented creations and helps in terms of promoting and increasing sales of theirproducts. Local inventors are welcome to register for competition.The cut-off date of the registration is June 30. Inventors interested in the award should send the specified documents of their inventions via registered mail or submit in person at their earliest convenience to this address: 11F., No. 149, Sec. 3, Xinyi Rd., Da’an Dist., Taipei City 106, Taiwan.For more information (in Mandarin), please visit:The National Invention and Creation Award
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