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華鼎国際法律事務所
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華鼎国際法律事務所について

35年以上の特許、商標出願実務経験を持つ弁護士、弁理士及び特許技術者が共同で設立した華鼎国際法律事務所は、現在、台湾特許事務所ランキングトップ15に入る中堅事務所です。

設立以来、品質とサービスの向上を最重要視し、国内外の知的財産権の会議にも積極的に参加、世界中の数多くの事務所と協力関係を築いてきました。中国特許代理人試験、米国パテントエージェント試験に合格した弁理士も複数在籍しています。

目先の利益にとらわれることなく、長期的な相互利益に基づき、高い倫理観と高い品位をもって業務を遂行することを旨とする華鼎国際法律事務所。その仕事は、全クライアントから高い評価をいただいています。

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TIPO Official News
最新ニュース

Date2022/7/26
TitleThe Examination Guidelines on Distinctiveness of Trademarks was amended and promulgated on July 26, 2022 and will be enforced on September 1, 2022.
Abstract

The Examination Guidelines on Distinctiveness of Trademarks will be enforced on September 1, 2022. 

  The Examination Guidelines on Distinctiveness of Trademarks in Chinese can be downloaded with PDF format in this link.

Date2022/7/25
TitleIP5 strengthen corporation on sustainability
AbstractWhere a request for division of an application for registration was filed after the registration was accepted and before the registration was published, TIPO shall proceed the division of registration after the registration fee has been paid by the applicant and the registration was published.
Date2022/7/13
TitleTIPO adds “Green industry” in “Manual for the strategy of designating goods/service in trademark applications” in view of the policy zero emission by 2050
Abstract

Taiwan had declared the mission of net zero emission by 2050.  For better understanding the scope of designated goods/services when filing trademark application, TIPO had compiled green-industry related goods/service trademark applications for the reference of relevant companies engaging in this industry. 

  The newly added “Green industry” section includes green energy, carbon right and related energy business, pollution processing and regenerating utilization, green building to zero-carbon building, green industry related certificate and so on. 

  The manual also provides cross reference between the industries and the goods/services name in Nice Classification for clear demarcation of trademark scope.

Date2022/6/14
TitleThe relationship between Metaverse and design patent
Abstract

The Metaverse is all the latest buzz, and in the field of intellectual property, there are increasing discussions on its relationship to trademarks and copyrights as infringements have already occurred. 

  In light of the fact that there are very few cases of Metaverse-related design patent applications filed both domestic and abroad, as well as a conspicuous lack of academic journals, adjudications, and media reports on the subject, TIPO decided to compile a report on the matter for public reference.

  The report covers whether a Metaverse design patent can be filed, how the application would be examined, and the validity of such a patent.

Date2022/6/6
TitleTitle: Patent applications disclosing nucleotide and amino acid sequences must be provided to TIPO with WIPO ST.26 sequence listing from Aug. 1, 2022
Abstract

World Intellectual Property Organization (WIPO) had requested a new global sequence listing standard WIPO ST.26 to be effective on 1 July 2022.

  To facilitate global data exchange and search, TIPO will fully apply WIPO ST.26 standard for nucleotide and amino acid sequences listing from Aug. 1, 2022.

  To facilitate the needs of those filing international patent applications, TIPO accept either current sequences listing or sequences listing complied with WIPO ST.26 standard for the application date between Jul. 1, 2022 and Jul. 31, 2022.  TIPO has published a Q&A on the new listing requirements of WIPO Standard ST.26 on its website for public reference.

Date2022/2/24
TitleUSPTO launches new Patent Public Search tool and webpage
AbstractThe United States Patent and Trademark Office (USPTO) today announced a new Patent Public Search tool that provides more convenient, remote and robust full-text searching of all U.S. patents and published patent applications.

Date

2022/2/24

Title

Guidelines regarding interview with the patent examiner is amended and will be effective on Mar. 1, 2022

Abstract

TIPO amends guidelines regarding interview with the patent examiner to allow remote video interview. 

For cases not relevant to invalidation, TIPO will grant remote video interview if the interview place of the applicant is not public and the hardware/software used is approved by TIPO.

Date

2022/1/3

Title

TIPO launch Accelerated Examination Program (AEP) for Green Technology on Jan. 1, 2022.

Abstract

To promote the research and development of green patents and accelerate commercialization of related products, the scope of applicability of AEP will be expanded to include green technologies besides green energy technologies.  The green technologies include energy-saving, carbon emission reduction, and resource-saving technologies.

The examination time frame is also shortened from 9 months to 6 months for applications submitting the grounds of “essential to commercial exploitation” and “inventions related to green technologies”, provided that all necessary documents are filed.

The amended Accelerated Examination Program is published on the TIPO website for reference by the public.

 

Date

2021/12/30

Title

TIPO launch Design Patent Priority Document Exchange (PDX) service between TIPO and JPO on Jan. 1. 2022

Abstract

To expand the service scope of electronic exchange, TIPO and the JPO had signed MoUs on Design Patent Priority Document Exchange (PDX) in 2019.  After relevant IT systems are developed and tested on both ends, the Design PDX service is successfully established now.  TIPO will launch Design PDX service between TIPO and JPO on Jan. 2022.

 

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TIPO Patent | Trademark Q&A
台湾の特許紹介及びQ&A

A: The applicant may request to divide an application for registration into two or more applications by distributing the designated goods or services included in the original application among divisional applications which shall preserve the filing date of the original application.

     When requesting, a request for division of an application for registration shall be made by filing a written request indicating how many parts will the original application be divided into and the designated goods or services to be included in each divisional application, and a copy of the written request shall also be furnished for each divisional application along with related documents of requesting registration (the documents required by Articles 13~18 of Enforcement Rules of Trademark Act).

     When the division is allowed, the original application is closed and annotated with the division (Article 26 of Trademark Act; Article 27 of Enforcement Rules of Trademark Act). The designated goods or services to be included in each divisional application shall not overlap or go beyond the scope of designated goods or services of the original application (Article 27 II of Enforcement Rules of Trademark Act).

A:  Where a request for division of an application for registration was filed after the registration was accepted and before the registration was published, TIPO shall proceed the division of registration after the registration fee has been paid by the applicant and the registration was published.

A: An invention application shall not be laid open under any of the following circumstances.

1.The application does not conform to formality requirement.

2.The application is withdrawn within fifteen months after its filing date (or priority date when  

   the priority right is claimed). Further, regarding the application claiming national priority based

   on Article 30 of Taiwan patent act, the prior application for national priority is deemed to be

   withdrawn after fifteen months from its filing date, and thus the prior application will not be

   laid open.

3.The application involves national defense secrets or any other secrets pertaining to national

   security.

4.The application is contrary to public order or morality.

Other than the aforementioned circumstances, all invention applications will be laid open, and

the applicant is not allowed to apply for non-laid open.

A: Before the invention application is laid open, if any changing matter follows, when the change is applied before “completing the examination prior to laid-open”, the data being changed will be laid open; when the change is applied after “completing the examination prior to laid-open”, the data at filing will be laid open.

A: The applicant may prepare the application form for advancing the laying-open of the invention patent application and pay application fee of NT 1000 to request the advance of laying-open (Patent Act Art. 37, Second paragraph)

The applicant may submit above request upon filing the invention patent application. However, TIPO will not examine the feasibility and proceed to the laying open until the requested documents are completed.

The application form and examples for advancing the laying-open may be downloaded from TIPO website (the application form is downloadable in TIPO Chinese website)

A: No.

The aim of publishing the invention patent application is to prevent redundant research and wasted investment, and to promote industrial technology.

The invention patent application will be polished after a period of eighteen (18) months since its filing date (where a priority is claimed, the calculation of time period is set forth on the basis of the priority date).

The applicant cannot request to late-publish the invention patent application lest the above goals cannot be fulfilled.

A: Certificate of the priority right shall be original copy that is issued and signed by the patent receiving bureau of foreign country or member of WTO. The photocopy of certificate of the priority right is not allowed to be used. Further, the photocopy of certificate of the priority right that is notarized or certified by the court or the other bureau is forbidden to be submitted as a substitution. However, when two or more applications of the same applicant have the same priority right claim of foreign basis application, if original copy of certificate of the priority right is already being submitted for one of the applications, the photocopy of full certificate can be submitted as the substitution for the other applications, and the application, for which the original copy is already submitted, shall be noted.

If the applicant has submitted the first page photocopy of certificate of the priority right within 16 months from the earliest priority date (design application is within 10 months from the earliest priority date), TIPO will inform the applicant to submit original copy of the same document with the photocopy within a specified time period. The priority right claim will be deemed as non-claimed if the applicant fails to submit or the  document is incomplete after submission in the specified time period. On the other hand, from December 2, 2013, certificate of the priority right for invention or utility model application between TIPO and JPO can be applied through electronic exchange, the applicant only needs to state “receiving country, filing date, application number, patent category, access code” in the application form and does not need to submit certificate of the priority right.

A: The time period of submitting certificate of the priority right is within 16 months from the earliest priority date for invention or utility model application and within 10 months from the earliest priority date for design application.

When multiple priority rights are claimed, the time period of submitting all certificates of the priority rights is calculated from the earliest priority date. For example, the applicant claims three priority rights such as A, B, and C, and the priority dates are sequentially as date a, date b, and date c. If the applicant only submits certificate of the priority right B within 16 months from the earliest priority date (date a) (design application is within 10 months from the earliest priority date), the priority rights A and C will be deemed as non-claimed. The claim for re-calculating the time period of submitting certificate of the priority right C from the second earliest priority date (date b) is forbidden.

The time period of submitting certificate of the priority right is a statutory period, and thus extension of time period is not allowed. However, if the applicant has submitted the photocopy of certificate of the priority right within the statutory period, TIPO will inform the applicant to submit original copy of the same document with the photocopy within a specified time period.

A: No. All of the applicants of the patent application need to be the citizen of WTO member, or the citizen of the foreign country having admitted priority right with Taiwan, or the person having residence or business office in the region of WTO member or reciprocal nation, to claim priority right.

A: Yes. According to article 28 paragraph 3 of Taiwan Patent Act, the applicant having residence or business office in the region of WTO member or reciprocal nation can claim priority right in Taiwan, which is generally called quasi-national treatment.

    The applicant, who claims quasi-national treatment, needs to submit the official certificate document of having residence or business office in the region of WTO member or reciprocal nation.

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