Taiwanese Patent Law

Divisional applications of patents – utility model

We would like to introduce revisions of the Taiwanese Patent Law that have in approved in the end of 2011. With the revision it became possible to file a divisional application within 30 days of the issuance of notification of allowance (notifications of allowance issued after re-examination are excluded). In Japan it is also possible to file divisional applications after a patent has been granted. Further, for applications that have entered re-examination filing of a divisional application after assessment in order to establish the patent right faster will not be accepted, regardless of whether the application was granted or refused. Also a new system of parallel filing of utility models and patents has been established. This is a newly added regulation that makes it possible that a patent and utility model application with the same content are filed on the same day by the same person. Since a utility model is only examined formally it is decided earlier, whether the utility model application will be registered, then the decision about grant of the patent. If both the utility model is registered and the patent is granted it is required to choose one within a time frame designated by a governmental agency. The chosen one will remain and the other one will be become invalid. If no choice is made within the time fame designated by the governmental agency the utility model that has been registered first will remain and the patent application will become invalid.

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