In order to meet international trend and domestic industry’s demand, TIPO has amended the examination guideline of design patent after referring to international norms, examination practices and precedents. On April 1, 2016, the amended examination guideline entered into force. The key revisions are:
1. How the drawing should be disclosed is changed for "designs which are not claiming colors". For those designs claiming colors, it is required to disclose drawings with colors. Designs which are not claiming colors shall disclose the ink drawings, grey-scale computer-generated drawings or black-and-white photographs. Drawings are the main object for examination and descriptions are supplementary.
2. In order to better distinguish between "claimed portion" and "unclaimed portion" of design, the applicant is allowed to use solid/broken lines, half-transparent coloring, grey-scale coloring, and circling the scope or other forms of disclosure.
3. The purpose of the unclaimed portion of design is revised. It is now used to explain (a) the article to which the design is applied, (b) the position, size and layout of the claimed design and (c) the environment of the design.
In 2015, overall applications dropped 5.6% from the previous year to 73,627 cases. Invention patent applications (44,415 cases) saw decline for the third year in a row. In trademark, applications (78,523 cases) reached a peak in ten years. Thanks to TIPO’s active management of examination efficiency, the average pendency for disposal of invention patents in December 2015 was shortened to 22.9 months, and pending applications were lowered to 72,510 cases.
Overall applications for invention (44,415 cases), utility model (21,404 cases), and design (7,808 cases) were all down from the previous year with inventions dropping by 1,963 cases (-4.2%)(Fig. 1). In all, inventions showed a smaller decline than the previous year whereas the drop in utility models (-2,084 cases or -8.9%) became greater over the past three years...read more
A.Patent Applications
1.The number of new applications for all three types of patents came down by 2.25% to 20,171 cases.
2.Applications for invention (12,390) and utility model (5,682) patents decreased by 0.6% and 6.76%, respectively. Design (2,099) applications, conversely, grew by 1.11% (Table 1).
3.The number of invention applications (5,198) filed by residents dropped by 5.18%, whereas those filed by non-residents (7,192) went up by 2.99% (Table 1).
4.Breakdown by country, Japan (3,081) topped the list, followed by the US (2,046), South Korea (449), China (402), and Germany (342) (Fig.1).
5.The top five domestic corporations applying for invention patents were Taiwan Semiconductor Manufacturing Company (TSMC) (333), Industrial Technology Research Institute (ITRI) (291), Inventec (181), Metal Industries Research & Development Center (MIRDC) (118), Acer (89). Hon Hai (83) and AU Optronics (74), however, dropped a few notches to the 6th and 8th place, respectively (Fig.2).
6.As for foreign corporations, Intel (393) topped the list, followed by Semiconductor Energy Laboratory (104), Tokyo Electron (98), Nitto Denko (91), and Applied Materials (90) (Fig.2)...read more
Since its promulgation in 2007, the Patent Attorney Act has only been amended once, which took place in 2009. There are, however, provisions on key practices that require further amendment. To this purpose, TIPO began the amendment process. The Act was later promulgated on July 1, 2015, and then became effective on January 1, 2016. Key revisions include:
1. Simplifying administrative procedures
The provision that requires registration for patent attorney practices is deleted. A patent attorney now has to complete pre-employment training to apply for certificate.
2. Employment by a registered corporation
In addition to setting up a law firm and working for a patent firm, a patent attorney can now be employed by a registered corporation...read more
The number of patent applications filed by local colleges and universities dropped 11.3% to 4,275 in 2014 from the peak of 4,817 in 2013. In addition, their applications filed in the three quarters of 2015 also decreased by 10% compared to the same period of 2014. The applications from national universities were mostly for invention patents while those from private universities were mostly for utility model patents. Overall, these universities outperformed in applications for the areas of medical and healthcare as well as pharmaceutical and biotech.
In the past few years, over 50% of the patent applications filed by the top 10 national universities were for invention patents. In particular, the invention patent applications accounted for over 95.5% of the total patent applications filed by the National Tsing Hua University for a long time...read more
遠碩專利師事務所 | |
Lewis & Davis Patent Attorneys Office | 12F, No. 290, Fuxing North Road, Taipei 10478, Taiwan |
TEL:+886-2-2517-5955 FAX:+886-2-2517-8517 | E-mail:This email address is being protected from spambots. You need JavaScript enabled to view it. |