The deadline set for supplementing the Certified copy of the first patent application is a peremptory period
According to Article 27 I of the previous Patent Act, where an applicant has duly filed his/her first patent application in a foreign country, which reciprocally allows ROC nationals to claim patent priority, or with any member of the World Trade Organization (WTO), the applicant may claim priority in respect of his/her ROC patent application if the ROC patent application for the same invention is filed within twelve months from the filing date of the said first patent application.
When claiming priority in accordance with the Article 27 I, an applicant shall simultaneously make a declaration with respect to the following when filing his/her patent application.
Within four months from the filing date, the applicant shall submit a certified copy of the first patent application issued by the foreign patent authority under the preceding paragraph. (Article 28 of the previous Patent Act)
According to the foregoing articles, the applicant shall submit the certified copy of the first patent application to the TIPO within four months from the filing date. Violating the provisions set forth in the preceding paragraphs, it shall cause the deprivation of the priority right, which shows that such a four-month period is the rule about the substantial condition for claiming priority. It is a period of substantial rights in public law for exercising the right to apply for a patent instead of a period within which a specific action should be taken during the litigation proceedings.
Where a peremptory period is delayed, unless it is available to request for reinstatement according to Article 17 II of the previous Patent Act, it is not allowed to submit the document on a belated basis because of any other reasons.
Article 17 II
If the delay is caused by natural calamity or other cause(s) not attributable to the applicant, the applicant may, within thirty days after cessation of such cause, request with the Specific Patent Agency stating the cause(s) for delay and requesting for reinstatement. An application for reinstatement shall not be accepted if delay has exceeded one year from the expiration of a statutory time limit.
Remark:
After the new Patent Act was effective on January 01, 2013, the applicant shall submit a certified copy of the first patent application within sixteen months from the earliest priority date (ten months for a design patent application) according to Article 29 II and Article 142 of the new Patent Act.
Source: TIPO Newsletter No.85 issued on July 05, 2013
http://www.tipo.gov.tw/public/epaper/113/ePaper113_ep7464.htm
Delivered by: JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAWOFFICES
TAIPEI, TAIWAN
http://www.jaw-hwa.com.tw
