Notice given for commencing a period of public comments for draft amendment to partial provisions of Taiwan Patent Act
E201230Y1 | Feb. 2021（E255）
As indicated in Taiwan IPO’s announcement on December 30, 2020, the industry, experts and scholars have been giving advice to the Chinese National Federation of Industries and the Public Policy Participation Network Platform of the National Development Council that a patent remedy system more fit in with local industrial needs should be established by taking the patent system of Japan, the U.S., Germany as reference.
To better the proposed patent remedy system and to keep abreast with international practice and by taking the patent remedy system of Japan, the U.S., and Germany as reference, Taiwan IPO has been cautiously deliberating on the direction of changing the patent remedial mechanism of Taiwan by strengthening the competent authority’s examination and deliberation procedures and revising the remedial levels and litigation proceedings for patent-related cases and also proposing other amendments with respect to relevant matters with a view to safeguarding people’s remedial rights as required by the Constitution and elevating efficiency.
Main points of the draft amendment to the Patent Act are summarized below.
1. Consolidated remedy procedures: Those who contest patent authority’s decisions on patent applications and patent disputes involving validity issue may directly initiate legal proceedings without going through administrative appeal procedure.
2. Reform of litigation system: The litigation procedure for patent remedy is restructured to have cases involving patent dispute examined in civil proceedings, instead of administrative proceedings currently adopted.
3. Dispute involving the ownership of the right to file patent application should be resolved and settled by civil proceedings.
4. The grace period for design patent applications is extended to twelve (12) months.
The Taiwan IPO has compiled and proposed the draft amendment to partial provisions of the Taiwan Patent Act after taking reference from the legislation and practice of Japan, the U.S., and Germany, holding several meetings with relevant experts for consultation, by consulting and discussing with the Judicial Yuan, the IP Court and the Petitions and Appeals Committee under the MOEA, and also by taking into account of and evaluating the condition and practical needs of Taiwan. (Released 2020.12.30)