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Chinese Taipei: Amendments to Taiwan Patent Act

According to an official notice, amendments to the Taiwan Patent Act were promulgated by presidential order on 1 May 2019 and are scheduled enter into force later in 2019. A total of 17 articles have been revised. Relevant changes include the following:

  • 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 (Articles 107); the same time limits will be applied to re-examination application
  • Post-grant amendments of utility models: post-grant amendments can be submitted (I) when a request for obtaining a technical evaluation report has been filed but not yet issued by the Taiwan Patent Office (TIPO) and (II) when an invalidation action has been filed and is still pending (Article 118); amendments to utility models shall be substantively examined
  • Extension of duration: term of protection for registered designs to be extended from 12 to 15 years (Article 135)
  • Storage of patent files: previously, TIPO was obliged to store patent files permanently; under the amended law, following international pracice, only patent files with confirmed enduring value shall be stored permanently; other patent-related documents shall be kept for a period of no more than thirty years (Article 143)

Some of the draft proposals mentioned in an earlier Update were not included in the final version. These include the restoration of priority right and the restoration of the request for examination.

A detailed chart of all changes 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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