Taiwan

Taiwan - Amendment of the Patent Act

Taiwan – Amendment of the Patent Act

The amendment of the Patent Act (hereinafter as “the Amendment”) promulgated on May 1, 2019 will be implemented on November 1, 2019.

New Measures to Manage Design Patent Application Priority Claims in Taiwan

New Measures to Manage Design Patent Application Priority Claims in Taiwan

The original regulations of design patent priority claims based on the previous Patent Examination Guidelines stated that:

trade mark data

Thailand trade mark data available through TMview

Since 27 September 2019, Thailand is part of the TMview search tool. The Department of Intellectual Property under the of Ministry of Commerce in Thailand (DIP) has made its trade mark data available to the users of TMview.

Guidelines for Third-Party Observations on Trademark Applications for Registration

Guidelines for Third-Party Observations on Trademark Applications for Registration

In order to cover shortage of information during the trademark examination, enable examiners to investigate the evidence ex officio, avoid applications filed in bad faith and enhance the validity of trademark registrations, Taiwan Intellectual Property Office (TIPO) prescribed “Guidelines for third-party observations on trademark applications for registration“, which have been announced to implement on June […]

Taiwan - New Measures for Technical Evaluation Report for Utility Model Patent

Taiwan – New Measures for Technical Evaluation Report for Utility Model Patent

TIPO has revised the measures for technical evaluation report for utility model patent to provide more sufficient opportunities for the patentee to file a response to explain the technical features of the utility model patent in conditions of unfavorable technical evaluations.

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 […]