Taiwan – Amendment of the Patent Act

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

The new regulations include:

1. A divisional application can be filed within three months from the receipt of an approval decision in both the preliminary examination stage and the re-examination stage. This applies to a utility model patent application as well.

2. For a patent invalidation, supplementary arguments and evidence shall be submitted within three months after the invalidation is filed, and documents submitted beyond the deadline shall not be examined. Also, the regulation is added regarding the permitted period for the patentee to file a request for amendments in the invalidation proceedings.

3. A request for a post-grant amendment for a utility model patent can be filed only at the regulated time period, and all post-grant amendments will be examined substantively.

4. The term of protection for design patents will be extended from 12 years to 15 years.

Delivered by: Sandy WANG (Ms.) / Senior Partner
JAW-HWA INTERNATIONAL PATENT &
TRADEMARK & LAW OFFICES
10-1A Fl., No. 23, Sec. 1, Chang-An E. Rd.,
Taipei, Taiwan, R.O.C.
Tel.: +886 2 2531-0876 Ext. 172
Fax: +886 2 2581-2761
www.jaw-hwa.com.tw