2009年1月6日 星期二

TW Patent Examination & Administrative Remedy flow

At http://www.tipo.gov.tw/, TIPO provides many regulative application forms, the following shows the respective files:

From these files we may simply know how many the procedures a patent application may meet.
For a single patent application, it may use:
  1. a form for filing a patent application
  2. a form for applying substantive examination for a patent application
  3. a form for applying earlier publication for a patent application
  4. a form for examining a patent application in priority
  5. a form for filing a utility model application
  6. a form for applying a search report for a utility model application
  7. a form for filing a design patent application
  8. a form for filing a union design patent application
  9. a form for providing supplementary or amendment for a filed application
  10. a form of an assignment for a patent/utility model/design application
  11. a form of an inheritance for an application
  12. a form for applying a re-examination for an application
  13. a form for amending a granted application
  14. a form of an invalidation
  15. a form for examining an invalidation application under a lawsuit in priority
  16. a form for applying an interview
  17. a form for filing a divisional application for a patent application/utility model/design application
  18. a form for transferring a
  19. a form for converting a patent application to a utility model application
  20. a form for converting a utility model application to a patent application
  21. a form for converting a patent application to a design patent application
  22. a form for converting a utility model application to a design patent application
  23. a form for converting a design patent application to a utility model application
  24. a form for converting a design patent application to a union design patent application
  25. a form for converting a union design patent application to a design patent application
  26. a form of assignment registration
  27. a form of inheritance registration
  28. a form of licensing registration
  29. a form of mortgage registration
  30. a form of entrust registration
  31. a form for adding annotation or supplementary on a patent certificate
  32. a form of English translation certificate
  33. a form of applying a priority document
  34. a form for applying review of the file wrappers
  35. a form for applying print of patent document
  36. a form for paying annual fee
  37. a form for receiving a patent certificate and postponing publication
  38. a form for applying a simple process of application by facsimile
  39. a form for applying a simple process of application by email
  40. a form for certifying an application right
following chart shows the flow of TW patent examination and administrative remedy:

wherein, (please follow the numeral indication)
(1) application
(2) formal/procedure examination
(3) examination before publication
(4) first substantive examination
(5) second substantive examination
(6) appeal
(7) first administrative litigation examination
(8) appeal of administrative litigation examination
(9) publication
(10) issue fee, annual fee
(11) issuing patent certificate
(12) invalidation
(13) withdrawal (non-existent from the beginning)
PS1: earlier publication at eighteenth month from application date
PS2: any party can apply substantive examination in three years from the application date

source: TIPO
Ron

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