Taiwan

Judgment of Subjective Criteria in Patent Infringement

Judgment of Subjective Criteria in Patent Infringement

Company A, the patentee of the patent at issue, claims that its dealer has sold two products (robot vacuum cleaner) of the patent at issue with the indication of the patent number on the online shopping center of Company B. Also, Company A has authorized the patent at issue to another company who has also indicated […]

Legislative Yuan passed amendments to Articles 87 and 93 of the Copyright Act

Legislative Yuan passed amendments to Articles 87 and 93 of the Copyright Act

Legislative Yuan passed amendments to Articles 87 and 93 of the Copyright Act on April 16. They have entered into force on May 03, 2019.

unity of invention

Judgment of “Unity of Invention” and the Revision of the Examination Guidelines Thereof

Based on the principle that there is only one patent right for one invention, a patent application for invention shall relate to one invention only.

New Patentable Subject Matters for Design Patent in Taiwan

New Patentable Subject Matters for Design Patent in Taiwan

After the amendment of Patent Act in 2013, the design patent has been broadened to include more patentable subject matters in Taiwan. Partial designs become available for application. Icons and graphical user interface (GUI) can be protected as “Graphic Images Design”. Also, a set of designs can be filed in one design application. Further, the […]

PDX Program Between Taiwan and Korea Commences on January 01, 2016

PDX Program Between Taiwan and Korea Commences on January 01, 2016

Taiwan IP Office (TIPO) and Korea IP office (KIPO) make great strides towards patent examination by signing the MOU of the PDX (electronic exchange of priority documents) program. The PDX program is applied to invention and utility model patent applications first filed with TIPO and KIPO only but not applied to design or trademark applications […]

“Baby Boss & device” V.S. ”Boss”, “Hugo Boss” and “Boss Hugo Boss”

“Baby Boss & device” V.S. ”Boss”, “Hugo Boss” and “Boss Hugo Boss”

Fact Based on the Article 23 I (12) and 23 I (14) of the former Trademark Act in effect at the time of the trademark at issue being approved to registration, the HUGO BOSS Trade Mark Management GmbH & Co. KG (hereinafter “the Appellant”) filed an invalidation application against Babyboss City Limited’s (hereinafter “the Appellee”) […]

The Court Can Investigate Evidences to Ferret Out the Truth Ex Officio within the Range of the Same Invalidation Evidence

The Court Can Investigate Evidences to Ferret Out the Truth Ex Officio within the Range of the Same Invalidation Evidence

Fact An invalidation action against the patent at issue was filed for the violation of Patent Act Articles 23, 31.I and 22.IV in effect at the time of the said patent being approved. After examination, TIPO deemed the patent at issue violates Patent Act Article 22.IV (lack of inventive step) and that Claims 1~6 of […]

Pasting Trademark Labels on Invoices is Deemed Sufficient Use of A Trademark

Pasting Trademark Labels on Invoices is Deemed Sufficient Use of A Trademark

An individual filed the trademark at issue designating “watches” in Taiwan which was registered on January 01, 1961.  After conducting renewal and assignment for several times, the current trademark owner is “FORMOSA WATCH CO., LTD.” (hereinafter “the intervening party”) The Plaintiff requested to revoke the trademark at issue based on the reason that it had […]

How to Identify An Invention, or A Utility Model or A Design Made by An Employee Under The Performance of His/Her Job Duties

How to Identify An Invention, or A Utility Model or A Design Made by An Employee Under The Performance of His/Her Job Duties

Company B hired Employee A for carrying out a research and development project. Company B alleged that the research achievements from the project should belong to the company because they offered the research facilities and environment.  The sale of the patent rights deriving from the research achievements to a third party made by Employee A […]

The Rules of Reinstatement Stipulated in Patent Act Are Not Applicable to the Period of Two Months for Requesting a Reexamination After the Decision of Rejection is Served

The Rules of Reinstatement Stipulated in Patent Act Are Not Applicable to the Period of Two Months for Requesting a Reexamination After the Decision of Rejection is Served

The Plaintiff (the applicant of the patent application at issue) received a decision of rejection on June 04, 2013 and requested the reexamination on August 29, 2013.  The request was dismissed by TIPO because the Plaintiff failed to comply with the statutory period of two months for requesting a reexamination, i.e. within two (2) months […]

Background arts indicated in the description of a patent application can be cited as evidence to invalidate the same patent

Background arts indicated in the description of a patent application can be cited as evidence to invalidate the same patent

When filing a patent application for invention, the applicant is required to contain the background arts which he/she is aware of in the description of the patent application. In addition, the application has to disclose the problem(s) existing in the background arts that the invention aims to solve and its technical solution adopted to solve […]

TIPO Beginning to Accept a Request for the Postponement of Substantive Examination from April 01, 2015

TIPO Beginning to Accept a Request for the Postponement of Substantive Examination from April 01, 2015

An applicant of invention patent application may request for the postponement of substantive examination within three years from the filing date of the invention patent application as long as such request doesn’t meet any of the following conditions: (1)   the invention patent application has received an official action or decision; (2)   the invention patent application […]

The Combination of Individual Logos with Distinctiveness is not Necessarily Distinctive

The Combination of Individual Logos with Distinctiveness is not Necessarily Distinctive

The trademark at issue was filed by a Taiwanese company designating goods in I.C.18, such as purses, wallets and umbrellas. TIPO regarded that the trademark at issue consisted exclusively of different kinds of geometrical patterns, so that it was not distinctive according to Article 29 I (3) of the Trademark Act. Moreover, the evidence of […]

The trademark at issue was filed by a Taiwanese company designating goods in I.C.18, such as purses, wallets and umbrellas. TIPO regarded that the trademark at issue consisted exclusively of different kinds of geometrical patterns, so that it was not distinctive according to Article 29 I (3) of the Trademark Act. Moreover, the evidence of […]
A Chart of Goods and Services in Chinese Japanese Parallel Texts

A Chart of Goods and Services in Chinese Japanese Parallel Texts

According to the statistics released by TIPO, the top trademark filing country in Taiwan is mostly “Japan” every year. To facilitate Japanese and Taiwanese applicants’ advance trademark searches before filing and reference for designated goods/services of new trademark applications, TIPO especially collects and compiles a chart of goods and services in Chinese Japanese parallel texts. […]

According to the statistics released by TIPO, the top trademark filing country in Taiwan is mostly “Japan” every year. To facilitate Japanese and Taiwanese applicants’ advance trademark searches before filing and reference for designated goods/services of new trademark applications, TIPO especially collects and compiles a chart of goods and services in Chinese Japanese parallel texts. […]
Discussion on the Amendment of Numeric Values in Claims

Discussion on the Amendment of Numeric Values in Claims

When amending the scope of a claim by narrowing the range of the numeric values, such as narrowing the range of “0.001~2wt%” to “0.1~1wt%” in a claim, intuitively the scope of the claim is narrowed and such amendment seems to be acceptable. However, a simple amendment by narrowing the range of the numeric values in […]

When amending the scope of a claim by narrowing the range of the numeric values, such as narrowing the range of “0.001~2wt%” to “0.1~1wt%” in a claim, intuitively the scope of the claim is narrowed and such amendment seems to be acceptable. However, a simple amendment by narrowing the range of the numeric values in […]