Hua Ding PATENT & LAW OFFICE
35 年智权顾问经验，全方位 & 专业性的协助企业的案件申请
Attorney at Law / Patent Attorney / U.S Patent Agent / China Patent agent / Manager ‘s Profile
TIPO Official News
To enhance the completeness and transparency of Taiwan IP information, TIPO has cooperated with petition and appeal committee of MOEA and Judicial Yuan and added the appeal cases of trademark and patent for the past five years and the cases of related litigation since 2021 into TIPONET and TIPO trademark search system. The service will be available from Dec. 19, 2022.
Besides browsing appeal and litigation on website, the user may download the appeal decision and written judgment of litigation. The interfaces of TIPONET and TIPO trademark search system are also enhanced for more intuitional enquiry.
In response to the new twelfth edition of the Nice Classification NCL (12-2023), TIPO has amended its own list of Names of Designated Goods and Services for Trademark Registration, effective January 1, 2023. The changes include 48 removals and 481 additions. As to class/subclass names or notes, there are 42 revisions.
The above amendment will be effective on January 1, 2023. The list of Names of Designated Goods and Services for electronic trademark application system will be updated accordingly.
For the applicant wanting to enjoy fast track examination and using the electronic trademark application system after January 1, 2023, he/she is advised to download the updated list featuring all incorporated changes. The applicant filling out applications with names of goods and services not found on the system’s current list will not qualify for the application fee deduction and fast track examination.
|Title||TIPO has announced that, from 1 January 2023 onwards, patent applicants will be offered the option to receive electronic patent certificates other than paper copies.|
|Title||The Examination Guidelines on Distinctiveness of Trademarks was amended and promulgated on July 26, 2022 and will be enforced on September 1, 2022.|
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.
|Title||IP5 strengthen corporation on sustainability|
|Abstract||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.|
|Title||TIPO adds “Green industry” in “Manual for the strategy of designating goods/service in trademark applications” in view of the policy zero emission by 2050|
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.
|Title||The relationship between Metaverse and design patent|
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.
|Title||Title: Patent applications disclosing nucleotide and amino acid sequences must be provided to TIPO with WIPO ST.26 sequence listing from Aug. 1, 2022|
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.
|Title||USPTO launches new Patent Public Search tool and webpage|
|Abstract||The 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.|
TIPO Patent | Trademark 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.
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
3.The application involves national defense secrets or any other secrets pertaining to national
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.
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)
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.
A: The Chinese translation shall be completely translated on the basis of the foreign language application document.
The disclosure of the Chinese translation that is out of the disclosed scope of the foreign language application document shall not be granted in the patent.