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Chinese Taipei: TIPO has published draft amendments to Patent Act

The Taiwan Intellectual Property Office (TIPO) recently released a current version of draft amendments to the Patent Act for public consultation. Major revisions proposed in the draft include:

  • Restoration of priority right: 12-months priority period for patents, utility models and designs may be extended by two months, if unintentionally missed by the applicant (Articles 28, 120 and 142)
  • Divisional applications: period to request divisional application to be extended from 30 days to three months (Article 34); same rules and time limits for requesting divisional applications for patents shall also apply to utility models and designs (Articles 107, 130)
  • Restoration of request for examination: three-year time limit to request substantive examination of a patent application may be extended by an additional two months, if unintentionally missed by the applicant (Article 38)
  • Extension of duration: term of protection for registered designs to be extended from 12 to 15 years (Article 135)

Further changes are related to invalidation procedures, post-grant amendments of utility models, access to published data and the preservation of files. Details on all planned amendments can be found on TIPO's website (Chinese only). An English version of the current Patent Act is available in the Laws&Regulations section.

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