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IP4all Weekly Bulletin
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IP Basis®
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Taiwan
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
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
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 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
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
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 […]
New Top-Level-Domain (TLD) “.taipei” is available now
Taipei City Government and ICANN entered into a Registry Agreement in August 2014, under which Taipei City Government operates the top-level domain “.taipei”. According to the regulations, there are four steps for the public to access to the registrations of the top-level domain “.taipei” gradually. (1) Sunrise Period has been opened on December 01, 2014 […]
Taipei City Government and ICANN entered into a Registry Agreement in August 2014, under which Taipei City Government operates the top-level domain “.taipei”. According to the regulations, there are four steps for the public to access to the registrations of the top-level domain “.taipei” gradually. (1) Sunrise Period has been opened on December 01, 2014 […]
Before Filing an Administration Suit, an Appeal Should Have Been Filed First
An official decision was made by the TIPO which deemed that the Claims 1 and 2 of a patent should be invalidated due to lacking inventive step according to the Patent Act, Article 22.IV. The patentee filed an Appeal up to the MOEA (Ministry of Economic Affairs, R.O.C.) arguing that the Claim 1 of the […]
Accelerated Examination for Patent Applications (AEP) in the field of Green Energy Technology Enhances the Efficiency of Patent Portfolio Thereof in Taiwan
In order to encourage the development of green energy technology and enhance the efficiency of examination, Condition 4 for applying for accelerated examination was added and has been effective from January 01, 2014. By getting the patent right quickly, it is expected to enhance the efficiency of patent portfolio in the field of green energy […]
Where a trademark as registered consists of a combination of a word and a device, whether it will be deemed sufficient use when the word is placed at a corner of one surface of a product package and the device is placed at the diagonal corner on the same surface?
In principle, a registered trademark should always be used in its entirety as it was originally registered. However, use of a registered trademark in practice in a form which differs from the form in which it was registered, but does not affect the identity of the trademark according to general concepts prevailing in the society, […]
In principle, a registered trademark should always be used in its entirety as it was originally registered. However, use of a registered trademark in practice in a form which differs from the form in which it was registered, but does not affect the identity of the trademark according to general concepts prevailing in the society, […]
“Collective Interview for Relevant Invention Patent Applications Program” helps shorten the substantive examination term to seven (7) months at the earliest
In order to improve the examination efficiency, TIPO launched a pilot program “the Collective Interview for Relevant Interview Patent Applications program (Collective Interview Program, CIP)” on June 13, 2011. Evaluation of the program shows that participants have experienced several benefits, including effectively advancing prosecution of a group of invention patent applications, enhanced understanding before issuance […]
In order to improve the examination efficiency, TIPO launched a pilot program “the Collective Interview for Relevant Interview Patent Applications program (Collective Interview Program, CIP)” on June 13, 2011. Evaluation of the program shows that participants have experienced several benefits, including effectively advancing prosecution of a group of invention patent applications, enhanced understanding before issuance […]
So far, TIPO and JPO have exchanged 3,354 electronic priority documents of applications filed bilaterally since the launch of the “Priority Document Exchange” (PDX) Program in December 02, 2013
The Association of East Asian Relations and Interchange Association Japan signed a memorandum of understanding on the PDX program which was implemented from December 02, 2013. Under the PDX program, both offices can directly transmit and obtain electronic priority documents of applications filed bilaterally without wasting time and money on producing their paper version. In […]
The Association of East Asian Relations and Interchange Association Japan signed a memorandum of understanding on the PDX program which was implemented from December 02, 2013. Under the PDX program, both offices can directly transmit and obtain electronic priority documents of applications filed bilaterally without wasting time and money on producing their paper version. In […]
There is still the probability for two trademarks to be deemed similar even though their designated goods/services belong to different classes.
If goods have the same marketing channels or services are provided at the same locations, it is more likely that they will cause confusion as there is a higher probability that relevant consumers will come across them simultaneously.Under the foregoing condition, two trademarks may be still deemed similar even though their designated goods/services belong to […]
If goods have the same marketing channels or services are provided at the same locations, it is more likely that they will cause confusion as there is a higher probability that relevant consumers will come across them simultaneously.Under the foregoing condition, two trademarks may be still deemed similar even though their designated goods/services belong to […]
Whether a Utility Model, which is dismissed because of failing to pay the issue fee and the first year annuity within the official deadline set for such payments, can be the base application for claiming priority of a subsequent patent application?
According to Paragraph 1 of Article 30 of the Patent Act, where an applicant, based on his/her earlier invention or utility model patent application in the ROC, files a subsequent patent application, he/she may make a priority claim with respect to the invention or utility model disclosed in the description, claim(s) or drawing(s) submitted for the […]
According to Paragraph 1 of Article 30 of the Patent Act, where an applicant, based on his/her earlier invention or utility model patent application in the ROC, files a subsequent patent application, he/she may make a priority claim with respect to the invention or utility model disclosed in the description, claim(s) or drawing(s) submitted for the […]
Agreement on the Ownership of Patent Rights
According to Article 7 II of the Patent Act, where a fund provider engages another party to conduct research and development, the ownership of the right to apply for a patent and the patent right in connection with the outcome of such research and development shall be vested in the party as mutually agreed upon […]
According to Article 7 II of the Patent Act, where a fund provider engages another party to conduct research and development, the ownership of the right to apply for a patent and the patent right in connection with the outcome of such research and development shall be vested in the party as mutually agreed upon […]