The Patent Act in Taiwan was last amended in 2003 and now the revised Taiwan Act starting from January 1, 2013 covers a total of 159 articles (108 amended and 36 added articles, while 15 deleted and 15 unchanged articles) which involve significant changes in the patent practice in Taiwan.
The main changes include deleting the submission of Assignment for applicant other than the inventor, allowing the applicant to claim the 6-month grace period for disclosing the invention by himself; amending the time period to 16 months from the earliest priority date for the submission of the certified priority document; extending the design protection to partial design, icons and GUI, and sets of articles; restricting the amendment on foreign language specification but allowing amendment of translation errors for pending applications or granted patents; relaxing the timing for voluntary amendment and introducing Final Notice system for official action; establishing the reinstatement of rights mechanism when the applicant has unintentionally failed to claim priority or to pay annuity in time; allowing divisional application to be filed within 30 days upon receipt of the Notice of Allowance in the primary examination stage; amending the annuity payment for fine (within 6-month grace period) to be paid on a ratio of 20% per the belated month. The revised provisions also include those of invalidation action and patent licensing, etc.
The act and regulations relating to the patent law and practice in Taiwan are as follows:
- Patent Act
- Implementing Rules of Patent Act
- Regulations of Patent Fees
- Regulations for Patent Filing by Foreign Language Specification
- Regulations for Biomaterial Deposition
- Regulations for Patent Term Extension of Pharmaceutical Patents
- Regulations for Reduction and Exemption of Patent Annuities
- Regulations for Electronic Filing of Patent Application
- Regulations for Invention and Creation Awards
- Accelerated Examination Program (AEP)
- Patent Prosecution High Program (PPH) between Taiwan and United States
- Patent Prosecution High Pilot Program (PPH) between Taiwan and Japan
- TW-Support using PPH Agreement (TW-SUPA)
- For details or inquiries to the above, please feel free to contact us.
