[Taiwan] Revisions to the Enforcement Rules of the Patent Act - Effective Date: May 1, 2023
[ April 24, 2023 ] >Back| Draft revisions to the Articles 17, 28, and 90 of the Enforcement Rules of the Patent Act were promulgated on March 24, 2023 and will take effect on May 1, 2023. The key points are as follows: [Article 28] TIPO shall carefully review whether the subject-matter of divisional applications has extended beyond the content of the earlier application as filed. In case amendments are made in divisional applications, applicants are required to attach a marked document indicating differences or changes in the divisional application along with relevant explanation of all alterations. [Article 17] In accordance with Article 27 (5) of the Patent Act, if a biological material is deposited in a depository institution designated by a foreign country that reciprocally recognize the effect of deposit with Taiwan, and the certificate(s) of deposit issued by the said foreign depository is submitted within the prescribed time period, the applicant is not required to make another deposit in Taiwan. Presently, all foreign depository institutions that have reciprocal recognition with Taiwan are “international depositary authorities (IDA) under Article 7 of the Budapest Treaty”. The certificates issued by these authorities shall include both certificate of deposit and viability statement. If the certificate issued by a depository which is not an international depositary authority (IDA), a viability statement of the biological material must be included in the submission. Source: TIPO- https://www.tipo.gov.tw/en/cp-282-921974-1115c-2.html (Mandarin) https://www.tipo.gov.tw/tw/cp-86-920903-78cfc-1.html |