Intellectual Property Office Explains, No Extension during the Three Months of Patent Priority Rights’ Mending Period.

On account that the administrative court has made a new legal precedent, Intellectual Property Office made an explanation regarding whether extension may be given during the mending period of patent priority rights.  In the future, patent applicants must submit documents for application within three months from the application date.  Mending period will be interpreted as a legally unchangeable period with absolutely no extension.

The Taipei High Administrative Court judged that the three-month mending period stipulated in Article 28 of the Patent Law was legally unchangeable, and spontaneous extension was not allowed simply because the administrative organizations did not give notice.  Intellectual Property Office indicated that those who claimed priority rights should file a statement while applying for patents, in the meantime, submit application documents approved by the government within three months from the application date.  Those who did not file a statement during applying or overdue in submitting lost their priority rights.  And if applicants were delayed during the legal period due to natural disasters or personally unavoidable events may apply for reinstatement with written explanations within thirty days after their reasons were extinct. (2004.08)

CYJ/CHT