Taiwan Focus: Amended Patent Act brings key changes

After lengthy negotiation, Congress passed the amendment to the Taiwan Patent Act on November 29 2011. After three readings, the Act seeks to enhance Taiwan's economic and industrial competiveness, promote development of important local technologies and enhance the quality of patent examination...

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Bibliographic Details
Published in:China Law & Practice 2013-01
Main Author: Wong, Cliff
Format: Article
Language:English
Subjects:
Amendments
Decision making
Economic policy
Industrial design
Infringement
Intellectual property
Language
Patent law
Petitions
Regulation
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Summary:After lengthy negotiation, Congress passed the amendment to the Taiwan Patent Act on November 29 2011. After three readings, the Act seeks to enhance Taiwan's economic and industrial competiveness, promote development of important local technologies and enhance the quality of patent examination. The amended Act is a complete overhaul of the current Act, with 108 out of 159 provisions revised, 36 provisions added and 15 provisions removed. Together with the corresponding measures and implementing rules, the amendment was promulgated and became effective on January 1 2013. Prior to the amendment, a specification contains the claim and an abstract. By incorporating international general practices into the amended Act, the claim and abstract shall be separate documents from the specification. An abstract shall no longer be taken into account for the purpose of determining the sufficiency of the disclosure and the patentability of the claimed invention. Further, the requirement for submitting an assignment during the patent application process has been abolished.
ISSN:1012-6724
2224-6738