華鼎國際法律事務所 華鼎國際專利商標事務所
Hua Ding PATENT & LAW OFFICE
HAVING MORE THAN 35 YEARS OF IP PRACTICAL EXPERIENCE AND PROVIDING FULL-SPECTRUM ONE-STOP SERVICEs
Service
Reliable
We are conscientious to provide full-spectrum service, from initial drafting, prosecuting, to potential enforcing. Our clients include multinational companies, SME and start-up companies. As an IP Boutique law firm, we focus on long-term relationship with clients and provide decent quality and cost effective fee schedule.
Profession
Our patent attorneys/engineers have major technology background including mechanical, electrical, software and solid state engineering, and possess at least two working languages. We are proficient with local/foreign practice and help foreign clients to obtain Taiwan patent with high granting rate.
Efficiency
Our patent and trademark team has profound experience and work smoothly with foreign colleagues. HD’s procedural staffs are also experienced and well trained to conduct streamlined workflow and can handle the urgent cases.
About Us
Hua Ding Patent and Law Office (HD) is one of the Top 15 patent firms in Taiwan in term of patent filing number and was co-founded by IP lawyers, trademark agents, and patent attorneys with over 35 years of practical experience.
Since founding, we focused on excellent quality and sincere service. Besides, we also participated participating in international IP groups/meeting and had established cooperation with law firms worldwide. Our professionals accumulated experience t through extensive foreign filing, and some are admitted to practice in U.S. and China.
Professionalism, reasonable fee, and thoughtful service have always been the mottos of Hua Ding people, and Hua Ding has been recognized by his large customer base as a leading patent, trademark and law firm with high professionalism and excellent service.
OUR TEAMS
Attorney at Law / Patent Attorney / U.S Patent Agent / China Patent agent / Manager ‘s Profile
Newsletter
| Date | 2022/12/21 |
| Title |
TIPO provided patent/trademark certificate searching system from 2017 for the inquiry of latest status of granted patent/trademark with the searching conditions of certificate number, application number, assignee/attorney, issuance date and title. The certificate searching system is now improved to be more user-friendly. It can support the browsing from mobile device, and the list of search result is not limited by the past constraint, namely, 500 results. |
| Date | 2022/12/19 |
| Title |
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. |
| Date | 2022/12/14 |
| Title |
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. |
| Date | 2022/12/5 |
| 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. |
| Date | 2022/7/26 |
| Title | The 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. |
| Date | 2022/7/25 |
| 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. |
| Date | 2022/7/13 |
| 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 |
| 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. |
| Date | 2022/6/14 |
| Title | The 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. |
Taiwan IP introduction and Q&A
A: Yes. According to the rule, “the document(s) for filing a patent application or other proceedings shall be in Chinese”, in Article 3 paragraph 2 of Enforcement Rules of the Patent Act, the information in the patent application data sheet shall be indicated in Chinese. If only foreign language is recorded, TIPO will inform the applicant to translate that into Chinese.
A: According to Article 38 of Taiwan Patent Act, a request to TIPO for substantive examination of an invention patent application may be made by any person within three years after the filing date of the patent application, the invention patent application shall be deemed as withdrawal if the substantive examination is not requested within three years. Since anyone may request for substantive examination, the applicant may submit an [Application for Withdrawal of Patent Application] to avoid the other people requesting the substantive examination, if the applicant determines no need for substantive examination.
A: The situation is under the category of “grace period”. Basically, the design, which is industrially applicable, shall be deemed as lacking of novelty and inventive step, when the same or similar design is disclosed in a printed publication, publicly exploited, or publicly known prior to the filing of the patent application.
However, if the applicant files a design patent application within six months from the date of the disclosure made by or against the applicant’s will, in order to prevent the applicant from being unable to obtain patent due to the publicizing behavior before filing, the application may not be deemed as lacking of novelty and inventive step by claiming grace period.
In other words, the design patent application related to the product, which has been publicly sold in the market, may claim grace period with the requirement of filing within six months from the earliest date of publicly selling.
A: When applying the utility model patent application and claiming a Chinese patent application as the fundamental priority application, the application shall be filed within twelve months from next day of the filing date of the fundamental priority application. If two or more than two fundamental priority applications are used, the period is calculated from next day of the filing date of the earliest fundamental priority application. Further, the priority certificate document issued by the country, which the priority is claimed, shall be submitted within sixteen months from the earliest priority date.
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)
CONTACT
Phone
+886 2 2364-3566
iplaw@hdgroup.com.tw
Address
12F, No. 107, Roosevelt Rd., Sec.2, Taipei, Taiwan 106, R.O.C.