Deep & Far Newsletter 2020 ©
Sep, 2020

Taiwan Intellectual Property ˇV Latest Developments (September 3, 2020)

 By Lyndon


Technology Transfer Rules To Be Strengthened

Guidelines governing Taiwanese investment in Mainland China and technology collaboration are being adjusted in light of the alleged increasing risk factors that are associated with Mainland Chinaˇ¦s version of state capitalism.  According to the Investment Commission of the Ministry of Economic Affairs (MOEAIC), the transfer or authorization of the use of specialized technologies and integrated circuit (IC) layouts from Taiwan to Mainland China will now have to be reviewed by Taiwanese authorities.  Such scrutiny is alleged of paramount importance to safeguard Taiwanˇ¦s technological advantages.  Factors being taken into consideration include: impacts on domestic business, intellectual property rights infringement concerns and the nationˇ¦s research and development plans.  The MOEAIC expects to complete the guidelines in the coming months.  Hong Kong investment into Taiwan is also being looked at, as the recent imposition of a National Security Law on Hong Kong has caused a reconsideration about how to treat Mainland Chinese and Hong Kong investment into Taiwan.


Draft Amendments to Substantive Examination for Design Patents: Some Guidelines

More details about the Taiwan Intellectual Property Officeˇ¦s changes to Chapter 3 Substantive Examination for Design Patents Guidelines have been released.  Concerning drawings, the contents that are not disclosed in the drawings are considered as the parts which do not form a part of the claimed design.  Views in the drawings which do not fully disclose the contents of the claimed design or cannot clearly define the scope of the parts which the design intends to claim will mean that the application will be considered as not meeting the enablement standard. About buildings, bridges and interior designs, they will also be more clearly accepted as being eligible for protection as part of a design patent with the new ways of disclosure being formulated.  There are also some changes to how a divisional application can be allowed and filed.  All in all, the forthcoming guideline changes will make the Substantive Examination for Design Patents a smoother process. 


Filing Patent Applications in Electronic Form: New Regulations

From July 1, 2020, new articles 14-1 and 14-2 of the Regulations Governing the Implementation of Filing Patent Applications and Services by Electronic Means will provide more options about how applicants can file a patent application in electronic form.  Electronic files can now be saved on a DVD and mailed or personally delivered to TIPO, and the time of receipt will be the day of delivery at TIPO or the postmark date if mailed in.  Previously, TIPO encouraged applicants to email applications butdue to the large number of files and the large size of the files, increased pressure was being put on the system.  For applicants, long transmission times and interruptions were increasingly occurring especially for large files.  The alternative filing choice is for those applications which exceed 500 MB or for when TIPO makes a notification of a breakdown in the system.  This change in the rules has been positively received.


Mutual Recognition of the Deposit of Biological Materials between Taiwan and South Korea

For the purpose of patent work, mutual recognition of the deposit of biological materials will be implemented on September 1st, 2020.  Any Taiwanese applicant filing patent applications relating to biological materials with KIPO or any South Korean applicant filing patent applications relating to biological materials with TIPO will be able to deposit the material in a local designated depository.  This will be safer, more convenient and cheaper for applicants in both countries as it will streamline procedures and will ensure biological stability by avoiding cross-border transportation which is also costly.  More details about the Operational Directions can be found on TIPOˇ¦s website.