Below are the main changes related to these amendments in connection with the foreign patent applicants or patentees.
- Now such restriction has been repealed in order to comply with the international practice.
- If a patent application is filed to claim the priority of a foreign basic application, a certified priority document must be submitted within 16 months from the priority date. To promote a paperless environment by the government, the applicant could now file an electronic file as set forth by TIPO while attesting it is a true copy of the original, instead of submitting the paper document of a certified priority document. Said electronic file of a certified priority document could be a DVD (or its reproduction) or its online file issued by the foreign patent authority, or a scanned file from a certified priority document issued by the foreign patent authority.
- The eligibility criteria for identifying the small and medium-sized enterprises (SMEs) are the same for both domestic and foreign patentees to enjoy the reduced fees of patent annuities. There are two criteria for SMEs to be met for the requirements:
- An enterprise which is in the manufacturing, construction, mining or quarrying industry and either has paid-in capital of NT$80 million or less, or less than 200 regular employees.
- An enterprise which is in the industry other than any of those mentioned above and either has sale revenue of NT$100 million or less in the previous year, or has less than 100 regular employees.
