Patent Act to Undergo Wide-scale Revision with Focus on Relaxing Prerequisites for Compulsory Licensing And Immunity on Investigative Trials for Pharmaceutical Registration Purposes.

The Taiwan Patent Act is to be revised substantially.  Taiwan Intellectual Property Office (TIPO) is proposing to liberate patents on animal and plant subject matters, relax the prerequisites for compulsory licensing of drug patents, provide immunity to clinical trials, adjust the relevant administrative procedure in line with the institution of the Intellectual Property Court, and adopt examination in form with respect to design patent applications.  TIPO expects to complete the initial draft of the proposed amendment in early September.

The relaxing of the prerequisites for compulsory licensing of drug patents is proposed in line with the amendment to the TRIPS.  Immunity of clinical trials for registration purposes is proposed to resolve the disputed overlapping operation of the Pharmaceutical Affairs Act and the Patent Act with respect to new drug patent.  Liberating patents on animal and plant subject matters is to strengthen Taiwan’s viability to compete in the field of biotechnology.  (2006.04)

/EMA