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The Legislative Yuan passed the amendment to Patent Act

The Legislative Yuan passed the amendment to Patent Act on December, 2016.

This amendment extends the grace period to 12 months, and it is no longer mandatory to claim grace period on the date of filing of the application.

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Reference: https://www.tipo.gov.tw/ct.asp?xItem=610148&ctNode=7452&mp=1

TIPO trends Q3 2016: patent statistics

According to the statistics released by TIPO, 18,121 patent applications (including invention, utility model and design) were filed in the third quarter of 2016, a 0.34 % increase from the same quarter last year. There were 10,849 applications for invention patent, of which 4,066 applications were filed by domestic applicants and 6,783 were filed by foreign applicants. The top five foreign applicants for invention patent were Japan (3,069), the United States (1,753), South Korea (442), China (335), and Germany (314).

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Reference: https://www.tipo.gov.tw/ct.asp?xItem=605340&ctNode=7123&mp=1

The EU referendum results will postpone ratification of UPC Agreement

After the 18th Unified Patent Court (UPC) Preparatory Committee, the outcome of the EU referendum in the UK will delay the entry into force of the UPC. The committee announced that a consolidated version of the Rules of Procedure will be published and available shortly, and a further meeting of the Committee will be scheduled for early December 2016.

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Reference: https://www.unified-patent-court.org/news/18th-preparatory-committee-10-october-2016

U.S. Court of Appeals for the Federal Circuit Confirms Invalidity of Patent Claims Asserted by Intellectual Ventures against Trend Micro

Intellectual Ventures (IV) initially sued Trend Micro for infringement of various claims of U.S. Patent Nos. 6,460,050 (’050) and 6,073,142 (’142), seeking $150 million. The district court of Delaware declared the claims of the two remaining patents to be asserted, the ‘050 and ‘142 patents, to be patent-ineligible because they are directed to an abstract idea within the meaning of Alice.

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Reference: http://newsroom.trendmicro.com/press-release/corporate/us-court-appeals-federal-circuit-confirms-invalidity-patent-claims-asserted-

The Executive Yuan passed draft amendment to Copyright Act

The draft amendments to Copyright Act is passed by the Executive Yuan on Aug. 11. The key revisions to Copyright Act include: to add criminal liability on circumvention of technological protection measures (TPMs), to adjust the scope of crimes indictable without a compliant and to add provisions regarding protection of encrypted program-carrying satellite and cable signals.

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Reference: http://www.ey.gov.tw/News_Content2.aspx?n=F8BAEBE9491FC830&s=7994E9EAADE84561

The Executive Yuan passed draft amendment to Patent Act

The Executive Yuan passed draft amendment to Patent Act on August 4, 2016. The main objective of this amendment is to harmonize Taiwan's legal regime with TPP requirements. 
 

This amendment to Patent Act covers three key revisions:

1. This amendment extends the grace period to 12 months and sets out a more lenient requirement to disclosures. After revision, it is no longer mandatory to claim grace period on the date of filing of the application in response to the public’s request.

2. A prolonged examination caused by unreasonable patent office delays may result in a shorter period of time for patentee's exercise. After revision the patentee can apply for patent term adjustment if unreasonable delay is inflicted.

3. The amended Patent Act’s provision will be added to clarify the basis for the patentee of new drugs to bring allegedly breach to court during the process of generic drug marketing approval.

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Reference: https://www.tipo.gov.tw/ct.asp?xItem=598266&ctNode=6687&mp=2