經通國際智慧產權事務所

The main points of partial amendments to the Patent Act in Taiwan such as the division of invention and utility model patent applications, the post-grant amendments of utility model patents, and the validity of design patents, etc. are implemented to accelerate the patent examination in order to safeguard the rights and interests of enterprises, and promote industrial developments.

The amendments are as follows:

1. The divisional applications can be filed for the invention and utility model patent applications if the approval decisions are received within 3 months from the date of the implementation of the amended Act.

2. The post-grant amendments of utility model patents are changed from formality examination to substantial examination, which the requests filed after the date of implementation of the amended Act should pay the official fee of NT$2,000.

3. The validity of design patents is extended from 12 years to 15 years.

4. The procedure of patent invalidations is amended, which all the reason and evidence must be submitted within 3 months by the requester from the filing date in order to be examined.

Source: Ministry of Economic Affairs, R.O. C.