Ten Frequently Asked Questions about Patent Applications in Taiwan, China (4)

Ten Frequently Asked Questions about Patent Applications in Taiwan, China (4)

1. When filing a patent application with TIPO in a foreign language, how long does it take for the Chinese version, power of attorney or official fee to be corrected? Is it possible to make a request for an extension?

• If a patent application in Taiwan requires correction, the correction time cannot exceed 6 months. The regulations for inventions, utility models and designs are as follows:
  • The time for correction of inventions and designs is 4 months. If an extension request is made before the expiration of the time limit, it can be extended by 2 months.
  • The time for correction of utility models is 2 months. If an extension request is made before the expiration of the extension period, it can be extended for another 2 months; if an extension request is made again before the extension period expires, it can be extended for another 2 months.

2. Can a branch become a patent applicant?

• As a branch of the head office, the branch company and the branch company are inseparable legal persons, so the branch company cannot become the applicant as the subject of rights.
• If a foreign company as a foreign applicant establishes a branch in another country other than the head office, referred to as a foreign branch, if the foreign branch has independent legal personality according to its domestic regulations, the foreign branch can apply for a patent. people.
• Therefore, if a foreign branch is the patent applicant, TIPO may issue a supplementary notice, and the applicant needs to respond, or change the applicant to a foreign head office, or provide documentation proving that the foreign branch has an independent legal person in the place where the company is registered. If the patent application is not corrected upon expiration or the supplemented and corrected documents cannot prove an independent legal person, the foreign head office will only be the patent applicant.

3. Can products already on the market still be eligible for design patents?

• This situation needs to be analyzed on a case-by-case basis.
• In principle, if a design has the same or similar previous design and has been known to the public before publication, public implementation or patent application, it will have lost its novelty and inventiveness.
• However, if the situation within 6 months after the design is disclosed is not due to the original intention of the patent applicant, it falls within the scope of application of "no loss of novelty". In principle, in order to avoid the applicant being unable to do so due to the disclosure behavior before the patent application, If patent protection is obtained, a request for "no loss of novelty" can be made.
• In short, for products that have been publicly sold on the market, when applying for a patent within 6 months of the earliest date of public sale, the patent can be obtained by claiming "no loss of novelty" and continuing to apply for a patent.

4. When applying for a utility model in Taiwan, the patent application in Mainland China is required to be the basis for priority. How long does it take to correct the priority certification document?

• When applying for a utility model in Taiwan, the patent application in Mainland China is required to be the basis for priority. A utility model patent application should be filed with TIPO within 12 months from the earliest priority date, and the latest can be 16 months from the earliest priority date. Submit the original document proving priority.

5. Can the DAS code electronically exchanged with TIPO be used? Can it be used when applying for a patent in other countries?

• TIPO only issues one DAS access code for the priority of the same patent application. Applicants only need to apply once to use it in the Japan Patent Office (so far TIPO only cooperates with the Japan Intellectual Property Office JPO to store priority DAS codes. exchange), and does not limit the use of DAS codes, so there is no need to apply multiple times.

6. Can I submit a request for accelerated examination (Accelerated Examination Program, AEP) for a design patent application?

• Currently, patent applicants can only request accelerated examination for invention patents.

7. The inventor's name has been declared not to be disclosed when applying. When the patent is authorized and the patent certificate is received, if you do not want the inventor's name to be recorded in the patent certificate, do you need to make another request not to disclose the inventor?

• The applicant only needs to request not to record the inventor when applying for a patent certificate, and does not need to sign a non-disclosure of inventor declaration again.
• If the request is not made at the same time as the patent certificate is applied for, the patent certificate will still record the inventor.

8. If the applicant receives an electronic certificate, will the authorization announcement time be different from that of the paper certificate?

• When receiving a patent electronic certificate or a paper certificate, the only difference is in the form of the certificate, and there is no difference in the date of authorization announcement. The process for obtaining a patent certificate is as follows:
  • The applicant needs to apply for the patent certificate fee and the first-year annual fee within 3 months from the day after the authorization notice is served, and then publish the patent in the Patent Gazette and obtain the patent right.

9. If one of the patent rights originally shared by three people wants to give up his share, does he need to submit a transfer statement?

• When the patent right is jointly owned, if one of the co-owners gives up part of his patent right, that part will be jointly enjoyed by the other right holders from the date of his written request for surrender, and there is no need to transfer it to other applicants.
• If one of the rights holders gives up the joint patent rights (not just his or her share), the consent of all co-owners is required to give up the patent rights.

10. If a patent number is marked on the product, is there a prescribed format for the marking?

• The Patent Law only stipulates that the patent number should be marked on the patented product. If it cannot be marked, it can be marked on the label, packaging or other places sufficient to attract the attention of others. There are no regulations on the font, size and other formats of the patent number numbers.
• The purpose of marking the patent number is to inform the public of the existence of the patent right in order to avoid patent infringement. Therefore, it is best to indicate the patent number in a clearly visible way.