Taiwan Intellectual Property Office (TIPO) announced that a request for reinstatement may be filed if a patent or trademark applicant delays or fails to comply with a statutory time limit due to the reasons related to COVID-19. In principle, the request will be determined on a case-by-case basis by TIPO under a lenient examination.
Per Article 17 of Patent Act (and Rule 12 of its Enforcement Rules) and Article 8 of Trademark Act (and Rule 9 of its Enforcement Rules), if a delay of a statutory time period is caused by natural calamity or causes not attributable to the applicant, the applicant may file a written request, within 30 days after cessation of the cause, by stating the reasons for reinstatement (restoration to the status quo ante) and the cessation date, together with an evidencing document. Such request could not be made if the statutory period has been delayed for more than one year. Also, when requesting for reinstatement, the applicant shall concurrently complete the act that should have been done within the statutory period.
