Revision of Taiwan Patent Law (not yet in force)

1. ”creation” is clarified in the codes as “utility model” and “design”;
2. it is to clear the scope of implementation of “invention, utility model, and design”;
3. the “bring into practice” invention causes the later application to lose novelty;
4. the effect of an invention shall not extend to the prior practitioner before filing date of the related application;
5. suitable redemptive fee can recover the right to continue patent;
6. the invention relating animal and plant is allowed to be patent;
7. patent right shall not extend to the medicine-related research, experiment, and examination;
8. “international exhaustion” is adopted, so “parallel importation” per se will not raise infringement problem;
9. “compulsory licensing” is possible if practitioner meets restricted competition or unfair competition;
10. “intentional act” is not a requisite condition to exclude or prevent the damage;
11. “intentional act” is a requisite condition of “damage compensation”;
12. “indirect infringement” can be held after the “direct infringement” is confirmed;
13. “has known” becomes a requisite condition of “infringement”;
14. the cause claiming “grace period” can not be the citation against inventive step of the invention;
15. it is possible to claim the “grace period” if the invention is published on printed matter by applicant’s intention;
16. “amendment on patent” can be raised by correcting the translation of foreign language related to the patent, but shall not extend or change the patented scope;
17. “abstract” cannot be used to interpret the patent claims;
18. filing a “divisional application” is possible within 30 days after mailing notice of allowance;
19. it is possible to make amendment before a written decision granting or denying is made;
20. “the last notice” rule is introduced; applicant can only cancel, narrow the claims, correct or clarify the unclear matter after “the last notice” is arrived;
21. “invalidation application” shall contain a “statement” of the scope of invalidation, and it is not allowed to change the invalidating scope, but it is allowed to add articles of law, new reasons, and new evidences;
22. multiple invalidation applications can be combined to single examination;
23. “utility model” shall refer to any creation of form, construction or their combination;
24. one invention with two separate applications can be allowed, but the applicant shall be required to make a choice as a valid application prior to the “invention application” is granted; if the “invention application” is chosen, the related “utility model” shall not exist ab initio;
25. “new type” patent is changed to “design patent”;
26. “partial design” application would be allowed;
27. “combination design” application would be allowed;
28. “icon” or “GUI” would be allowed to be design patent;
29. “derivative design” replaces the “associated design”;
30. the current design patent can be changed to the “partial design” patent after the revision is in force;
31. the lost “priority claim” can be recovered.

Ron